IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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US 


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Sciences 

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33  WIST  MAIN  STReiT 

WEBSTIR.N.Y.  MSM 

(716)  •72-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICIVIH 
Collection  de 
microfiches. 


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D 


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Coloured  covers/ 
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I      !    Covers  damaged/ 


Couverture  endommag^e 


Covers  restored  and/or  laminated/ 
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10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 


16X 


20X 


24X 


28X 


32X 


l. 


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Les  exemplaires  originaux  dont  la  couverture  en 
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premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparattra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  -^  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
fiim6s  A  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seui  clich6,  il  est  film6  A  partir 
da  I'angle  supirieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

32X 


'■* 


1 

2 

3 

4 

5 

6 

:bibik£ip  iBia^Faifi^ 


OF  THE 


FOLITICAL  STATE  OF  LOWER  CANADA, 

SINCE  THE 

CONQUEST  OF  THE  COLONY, 
TO  THE  PRESEJVT  DAY. 

TO  WHICH  ARE  ADDED, 

MEMOIRS  OF  THE  ADMINISTRATIONS 

OF  THE 

COLONIAL  GOVERNMENT 

OF   LOWER   CANADA, 

Br 
SIR  GORDON  DRUMMOND, 

AND 

SIR  JOHjV  coape  sherbrooke. 


BY  ROBERT  CHRIbllf 


NEW-YORK: 


PRINTED  AND  PUBLISHED  BV  Wr  A,  MERCEIN, 
vVo.  93  Gdd-Slreet. 

i8ia 


Southern  District  of  JVew-  York,  ss. 
BE  IT  REMEMBERED,  t)mt  on  the  twenty-eighth  day  of  November,  in 
(he  forty-third  year  of  the  Independence  of  the  United  States  of  Americu,  William 
A.  MerCein,  of  the  said  District,  hath  deposited  in  thi«  office  the  title  of  a  Book,  the 
right  whereof  he  claims  as  Proprietor,  in  the  words  following,  to  wit : 

'*  A  Brief  Review  of  the  Political  State  of  Lower  Canada,  since  the  Conc^uest  of 
the  Colony  to  the  Present  Day.  To  which  are  added.  Memoirs  of  the  Administra* 
lions  of  the  Colonial  Government  of  Lower  Canada,  by  Sir  Gordon  Dnimmond,  and 
Sir  John  Coape  Sherbrooke.     By  Robert  Christie." 

In  conformity  to  the  Act  of  Congress  of  the  United  States,  entitled  "  An  Act  for 
the  encouragement  of  Learning,  by  securing  the  copies  of  Maps,  Charts,  and 
Books  to  the  authors  and  proprietors  of  such  copies,  during  the  time  therein  men- 
tioned." And  also  to  an  Act,  entitled  '*  An  Act,  supplementary  to  ari  Act,  enti- 
tled an  Act  for  the  encouragement  of  Learning,  by  securing  the  copies  of  Maps, 
Charts,  and  Books  to  the  authors  and  proprietors  of  such  copies,  during  the  times 
therein  mentioned,  and  extending  the  benefits  thereof  to  the  arts  of  designing,  en- 
graving, and  etching  historical  and  other  prints." 

JAMES  DILL, 
Clerk  of  the  Southern  District  of  New-York. 


Pac'C  n  line  22  for  removes,  read  removerf. 

"21  ,      2  for  Law«,  read  Law. 

30  11  for  trucking,  read  truck/infj. 

34  27  ,for  advantage,  read  advanlaoje«- 

41  2 'for  Administration*,  read  Administration. 

46  12  for  Chief  Justice,  read,  Chief  Jrjsticc*. 

50  3  for  acquainted,  read  unacquainted. 

53  4  for  reserved,  read  preserved. 

56  17  for  Sir,  read  Mr. 

59  6  for  Fttoeti  read  Facet. 


NOTICE. 


signing,  en- 


TiiE  present  publication,  intended  as  a  sequel  to 
a  small  volume,  which,  some  months  since,  was  re- 
printed at  New-York  from  a  Quebec  edition,  un- 
der the  title  of  "  Military  and  Naval  Operations  in 
the  Canadas  during  the  late  War,  &c."  may  be 
interesting  to  the  general  reader,  by  the  short  re- 
view it  contains  of  the  political  progress  of  Lower 
Canada,  from  the  period  of  the  conquest  to  the 
present  day.  Among  the  motives  which  have  in- 
duced the  author  to  publish  this  short  but  imper- 
fect, though  he  trusts  impartial  sketch,  he  acknow- 
ledges, that  to  remove  the  erroneous  impressions 
which  have  prevailed  abroad,  with  respect  to  Lower 
Canada,  and  which  there  is  room  to  suspect,  have 
sometimes  been  produced  by  wilful  misrepresen- 
tation, has  been  his  principal  object.  A  sense  of 
duty  to  the  government  of  which  he  is  a  subject, 
and  to  the  community  of  which  he  is  a  member, 
have  equally  prompted  his  endeavours  to  explain? 
as  concisely  as  the  subject  would  admit,  those 
internal  difficulties  which  strange  rs  have  mistaken 


I 


iov  evidences  of  a  seditious  spirit.  To  the  people 
of  both  nations  it  must  be  gratifying  to  ascertain, 
as  nearly  as  possible,  the  political  state  of  a  colo- 
ny, interesting  to  one  as  a  neighbour,  to  the  other 
as  a  possession  of  much  importance.  The  former 
will  find  ample  matter  to  account  for  the  disap- 
pointment of  those  sanguine  expectations  of  easy 
conquest,  raised  at  the  commencement  of  the  late 
war  with  Great  Britain;  and  in  the  fallacy  of  the 
past,  will  know  what  reliance  to  place  in  future 
appearances.  That  the  latter  may  derive  some 
advantage  from  a  succinct  statement  of  those  oc- 
currences, which  at  certain  periods  may  unneces- 
sarily have  excited  distrust  against  a  peaceful,  pa- 
tient, and  loyal  people,  is  the  first  wish,  and  will 
be  the  best  recompense  of  the  author. 

Quebec,  3 1  st  October,  1810. 


Tsmsss  ims^mw 


OF 


THE  POLITICAL  STATE  OF  CANADA  SINCE  THE  CONQUEST  OF 
THAT  COLONY  TO  THE  PRESENT  DAY. 


Previous  to  the  establishment  of  the  present  con- 
stitution of  the  Canadas,  the  government  of  the 
province  of  Quebec  was  vested  in  a  governor  and 
legislative  council,  by  whom  such  ordinances  as 
were  occasionally  found  expedient  for  the  local 
regulation  of  affairs  were  enacted. 

By  an  act*  of  the  imperial  parliament,  the  mem- 
bers of  the  legislative  council  were  not  to  be  less 
than  fifteen,  nor  to  exceed  twenty-three  in  number. 
This  body  was  restricted  from  imposing  any  taxes 
other  than  for  the  purpose  of  making  roads,  erect- 
ing and  repairing  public  buildings,  or  respecting 
the  local  convenience  of  any  town  or  district  of 
the  province.     The  Canadian  noblesse,  and  such 

*  14  Geo.  III.  chap.  83. 


reputable  characters  in  the  province  as  were 
deemed  worthy  of  distinction,  were  sometimes 
selected  for  a  seat  in  the  public  councils ;  but  the 
government  of  the  day  appears  to  have  placed 
more  reliance  upon  the  British  emigrants,  chiefly 
composed  of  commercial  adventurers,  who  had 
followed  the  army  at  the  period  of  the  conquest, 
than  upon  the  Canadian  subjects,  who  were  cau- 
tiously admitted  to  the  ministerial  confidence. 
The  direction  of  affairs  in  the  colony  necessarily 
fell  into  hands  little  capable  of  impressing  the 
new  subjects  with  a  sense  of  respect  for  their  con- 
querors, or  to  conciliate  their  esteem  and  attach- 
ment ;  and  although  the  obedient  habits  of  the 
Cane  Jian  submitted  in  silence  to  the  abuses  of 
the  times,  it  was  rather  owing  to  a  consciousness 
that  remonstrance  would  excite  injustice  and  per- 
secution, than  from  a  real  acquiescence  in  the  or- 
der of  things.  , 
The  courts  of  justice  and  the  public  offices  were 
frequently  occupied  by  persons  of  mean  attain- 
ments, and  sometimes  of  doubtful  integrity :  raised 
from  mediocrity  to  power  and  importance,  it  can 
scarcely  be  supposed  that  they  should  have  mani- 
fested that  prudence  and  moderation,  which  in  con- 
quest peculiarly  characterize  well-bred  English- 
men, nor  that  such  of  the  new  subjects  as  might  be 
associated  with  them  in  office,   could  be  eminent 


4 


as   were 
imetimes 

but  the 
»  placed 
B,  chiefly 
vho   had 
conquest, 
i^ere  cau- 
»nfidence. 
jcessarily 
ssing  the 
their  con- 
d  attach- 
its  of  the 
abuses  of 
iciousness 

and  per- 
il! the  or- 

ices  were 
m  attain- 
|ty :  raised 
le,  it  can 
lave  mani- 
Ich  in  con- 

English- 
might  be 

eminent 


If 

i 


lor  talents ;  and  that  the  improvement  of  the  moral 
and  political  concerns  of  their  country,  could  have 
been  the  serious  object  of  their  care.  In  the 
midst  of  this  dearth  of  virtue  and  patriotism,  the 
disinterested  exertions  of  a  governor  and  other 
military  characters,  occasionally  relieved  the  Bri- 
tish name  from  the  level  to  which  it  had  sunk  in 
the  opinion  of  the  Canadians,  who  accustomed  to 
warfare,  and  trained  in  the  camp,  had  imbibed 
those  high  notions  of  honour  which  prevail  in  all 
armies,  and  which  they  had  a  right  to  expect  in 
their  conquerors. 

The  endeavours  of  these,  however  honourable 
to  their  country  and  creditable  to  themselves,  were 
often  fruitless,  as  they  were  actively  opposed  by 
persons  who  aspired  at  colonial  influence,  and 
who  from  a  community  of  interests  soon  combined 
into  a  party,  which  not  only  controlled  the  native 
interests,  but  have  been  known  to  influence  the  go- 
vernment itself,  and  when  occasion  required,  to  sa- 
crifice the  governor.  The  establishment  of  this  self- 
created  oligarchy  in  the  colony,  thwarted  the  be- 
neficent views  of  the  mother  country,  and  checked 
the  improvement  of  the  internal  state  of  the  pro- 
vince. Canada  might  have  flourished  even  under 
the  absolute  sway  of  a  military  governor,  whose 
honour  and  reputation,  ever  dear  to  a  soldier,  must 
in  a  great  measure  have  depended  upon  the  pru- 


iF^ 


'  . 


II 

1  ( 


/  » 


dence  of  his  conduct,  and  the  lavourable  impres- 
sion it  produced  upon  the  new  subjects.  Not  so 
the  trade,  which,  greedy  and  insatiate  of  dominion, 
were  little  scrupulous  on  points  of  national  policy, 
and  to  secure  a  monopoly  in  the  colonial  com- 
merce, boldly  trampled  on  tlic  native  and  landed 
interests  of  the  province. 

Hence  the  divisions  which  at  various  periods 
have  agitated  Lower  Canada,  and  of  which  we 
shall,  as  clearly  and  concisely  as  we  can,  pursue 
the  progress  and  trace  the  results.  ToH^oid  pro- 
lixity, and  to  be  intelligible  to  the  reader,  we 
shall  (however  reluctantly),  in  future,  denominate 
the  combination  of  which  we  have  marked  the 
origin,  the  party ^  and  those  who  were  opposed  to 
them,  as  they  consisted  principally  of  the  new 
subjects,  proprietors  of  the  soil,  the  country. 

By  the  king's  procJamation,  shortly  after  the 
peace  of  1763,  the  governor  of  this,  as  well  as 
those  of  other  colonies  recently  iacquired  in  North 
America,  were  empowered,  with  the  advice  of 
their  respective  councils,  to  summon  general  as- 
semblies for  the  purpose  of  enacting  laws  for  the 
good  government  of  their  respective  Provinces,  so 
soon  as  their  state  and  circumstances  would  admit 
thereof.  But  the  party  foresaw  that  the  convoca- 
tion of  a  General  Assembly  would  excite  in  the 
province  a  spirit  of  inquiry  and  resistance  to  the 


9 


system  they  had  adopted,  which  must  ultimately 
triumph ;  and  however  liberal  might  have  been  the 
views  of  the  chief  of  the  colonial  Government,  his 
opinion  necessarily  yielded  to  that  of  his  advisers, 
whose  influence  depended  upon  the  existing  state 
and  circumstances  of  the  province,  and  who,  there- 
fore, could  not  be  supposed  favourably  disposed 
to  a  change  of  the  constitution. 

A  policy  so  contracted,  at  once  created  a  jea- 
lousy, and  checked  the  growth  of  one  of  the  most 
valuable  possessions  of  the  British  empire,  whose 
resources  were  capable  of  the  most  rapid  and  ex- 
tensive developement,  had  the  native  enterprise  of 
the  province  met  with  suitable  encouragement. 

The  American  revolution  cast  a  multitude  of 
refugees  upon  the  world,  and  as  Canada  had  not 
acceded  to  the  union,  a  throng  of  loyalists  crowd- 
ed into  this  and  the  neighbouring  provinces  of 
Nova  Scotia  and  New  Brunswick,  where  ample 
remuneration  was  provided  for  the  losses  which  it 
was  pretended  they  had  experienced  from  their 
fidelity  to  the  king,  and  the  voluntary  exile  from 
their  patrindonial  possessions,  to  which  they  had 
submitted. 

These  soon  acquired  weight  in  the  colonial 
councils,  and  the  country  who  saw  them  with  an 
eye  of  distrust,  were  disposed  to  question  their 
talents  much  less  than  their  probity.    The  party 


'   I 


I,  I 


t   I 


■>} 


Id 

were  soon  preposterously  identified  with  the  go- 
vernment itself.  The  refugee  interest  gave  acti- 
vity to  the  whole,  and  with  characteristic  industry 
improved  upon  the  system,  fortifying  more  than 
ever  the  barriers  which  had  insensibly  been  raised 
between  the  government  and  the  people.  The 
position  which  had  been  gained  by  artifice,  was 
maintained  by  fraud,  and  frequently  by  violence. 
Every  trivial  symptom  of  dissatisfaction,  or  disap- 
proval of  domestic  occurrences,  of  little  or  no  po- 
litical import,  was  evidence  of  a  revolutionary 
spirit,  which  it  appeared  to  be  the  peculiar  pro- 
vince of  the  party  to  suppress.  Inferences  were 
drawn  as  destitute  of  probability,  as  they  were 
unconnected  with  facts ;  and  to  guard  against  con- 
spiracy and  revolt  among  the  peaceable  tenantry 
of  the  province,  constituted  the  principal  anxiety 
of  the  party,  who  found  this  a  convenient  mode  of 
imposing  silence  upon  the  country,  their  pohtical 
opponents. 

The  patient  and  obedient  habits  of  the  colonists, 
and  their  steady  adherence  to  Great  Britain 
throughout  her  struggle  with  the  United  States  in 
the  "revolutionary  war,  refuted  the  sinister  prog- 
nostics of  the  party,  and  emboldened  the  province 
to  look  forward  to  a  constitution  upon  liberal  prin- 
ciples, and  analogous  to  that  of  the  parent  state. 
The  party,  after  some  unavailing  efforts  to  mar  the 


11 


viewB  of  the  country,  at  length  found  it  expedient 
to  acquiesce  with  them  in  the  attainment  of  their 
object ;  and  the  connexions  of  the  former  in  Qreat 
Britain,  rendered  it  desirable  to  the  latter  to  ob- 
tain their  co-operation  in  accomplishing  lus  in- 
tended purpose. 

The  foreign  trade  at  that  period,  (as  indeed  it 
is  at  the  present  day,)  was  almost  exclusively  in 
the  hands  of  £ur-:>pean  merchants,  established  in 
the  cities  of  Quebec  and  Montreal.     Upon  these 
the  country  merchants  and  farmers  depended  for 
the  sale  of  their  produce  and  supplies  of  British 
manufacture,  and  this  monopoly  of  trade  gave  the 
party  an   influence  throughout  the  province  little 
inferior  to  that  even  of  the  government.     While 
this  advantage  could  be  maintained,  the  proposed 
constitution  might  be  made  subservient  to  their 
views,  and  secure  them  a  sway  in  the  government 
of  the  colony,  provided  the  new  constitution  could 
be  so  modelled  as  to  enable  the  party  to  maintain 
a  decided  majority  in  both  branches  of  the  intend- 
ed legislature.     An  eflfbrt  was  therefore  made  to 
procure  a  constitution  qualified  by  the  exclusion 
of  persons  professing  the  Roman  Catholic  faith, 
which,  had  it  succeeded,  would  have  totally  ex- 
cluded the  Canadian  population  from  all  partici- 
pation in  the  government  of  the  province.     The 
generous  policy  of  the  British  government  revolt- 


M 


in 


I;    ('  i 


12 

ed  at  the  insidious    proposal.      The  memorial 
afterwards   submitted   to   the  king,  asked   for  a 
triennial  parliament,  composed  of  representatives 
to  be  freely  and  indiscriminately  chosen  by  ♦he 
freeholders   of   the   province;     that  the   council 
should  be  composed  of  at  least  thirty  members,  to 
be  appointed  for  life :    that  the  criminal  law  of 
England  should  be  maintained ;  that  the  ancient 
civil  laws  of  the  province  should  be  continued, 
liable,  however,  to  such  alterations  as  the  new  le- 
gislature might  think  proper  to  make;  that  the 
commercial  laws  of  England  might  be  established 
in  the  province  ;  that  the  habeas  corpus  should  form 
part  of  the  constitution,  and  in  civil  causes  that 
juries  be  admitted  at  the  option  of  either  party ; 
that  the  sheriffs  should  be  annually  elected  by  the 
assembly,   and  confirmed  by  the  governor,  upon 
giving  security  for  the  faithful  discharge  of  their 
duties ;  that  all  offices  be  performed  in  person  and 
not  by  deputy,  unless  in  the  case  of  leave  of  ab- 
sence ;  that  the  appointment  of  judges  should  be 
for  life,  and  during  their  residence  in  the  province 
and  good  conduct;  that  in  case  of  their  being  ac- 
cused by  the  governor  of  misconduct,  the  council 
should  be  consulted  before  any  suspension  could 
ensue;  if  accused  by  the  people,  the  complaints 
should  be  heard  by  the  council,  with  the  right  of 
appeal  in  favour  of  the  accused  to  the  king ;  that 


I! 


13 


memorial 

ed   for   a 

sentatives 

5n  by  ♦he 

3   council 

imbers,  to 

al  law  of 

e  ancient 

continued, 

le  new  le- 

that  the 

stablished 

lould  form 

auses  that 

ler  party ; 

ed  by  the 

lor,  upon 

;  of  their 

erson  and 

ve  of  ab- 

should  be 

province 

being  ac- 

e  council 

ion  could 

)mplaints 

J  right  of 

ng;  that 


an ».  ppeal  should  lie  from  the  colonial  courts  of 
justice  to  a  tribunal  consisting  of  the  lord  chan- 
cellor, and  the  judges  of  Westmins  er-H&ll,  and 
finally  that  the  provincial  legislature  should  be 
empowered  to  regulate  the  inland  trade  with  the 
United  States,  in  order  to  levy  such  duties  as  might 
be  necessary  to  defray  the  expenses  of  the  civil 
government  of  the  province.  The  petitioners  ap- 
pealed with  confidence  to  the  imperial  parliament 
for  a  deliverance  from  the  confusion  which  pre- 
vailed in  the  actual  state  of  the  colonial  govern- 
ment, and  in  the  administration  of  justice.  They 
prayed  for  a  constitution  upon  a  firm  and  liberal 
basis,  and  such  as  might  correspond  with  the  desire 
they  professed  of  seeing  the  province  become  an 
ornament  to  the  British  crown. 

1  iie  government  of  Great  Britain,  actuated  by  a 
just  regard  for  the  respective  advantages  of  the 
old  and  new  subjects  residing  in  Canada,  pursued 
a  course  which  it  was  hoped  would  extinguish  the 
animosity  that  had  inflamed  the  colony. 

The  European  emigrants  and  refugee  popula- 
tion had  principally  established  themselves  upon 
the  fertile  lands  on  the  north  margin  of  the  lakes 
Ontario  and  Erie,  where  the  Canadians  had  not 
yet  formed  any  settlements  of  consequence,  it 
was,  therefore,  determined  to  divide  the  province 
of  Quebec  (it  was  then  so  called),  into  two  pro- 


'  ^ 


! 

',     1 
i      1 

i 

1 

1-. 


1 


1 


14 

vinces,  so  as  to  afford  to  either  description  of  sub- 
jects, a  decided  ascendency  within  the  tracts  of 
territory  which  they  respectively  occupied,  and 
thus  to  confer  upon  both  the  full  power,  exclusively, 
to  legislate  for  themselves.  This  plan  was  accord- 
ingly, at  his  majesty's  special  recommendation, 
adopted  by  the  British  parliament,  and  the  province 
was  divided  into  two  separate  governments,  under 
the  denomination  of  Lower  Canada  and  Upper 
Canada.  In  each  of  these  provinces,  provincial 
legislatures  were  established,  consisting  of  a  house 
of  assembly,  of  at  least  fifty  members,  for  the 
lower  province,  and  another  for  the  upper  province, 
of  at  least  sixteen  members,  which  with  the  legis- 
lative councils  and  governor  for  the  time  being, 
were  empowered  to  legislate  for  their  respective 
provinces.  The  members  of  the  assemblies  were 
to  be  freely  elected  by  freeholders  possessed  of 
real  properly  to  the  yearly  value  of  forty  shillings, 
except  in  the  towns  or  townships  of  either  of  the 
provinces;  where  to  be  entitled  to  a  vote,  it  was 
requisite  to  be  possessed  of  a  dwelling-house  and 
lot  of  ground  to  the  yearly  value  of  five  pounds, 
or  to  have  resided  one  year  within  such  town  or 
township,  next  before  the  date  of  the  writ  of  sum- 
mons for  the  election,  and  to  have  paid  one  year's 
rent  of  a  dwelling-house,  at  the  rate  of  ten  pounds 
per  annum.      The    parliaments    were    declared 


15 


quadrennial,  and  were  to  meet  at  least  once 
everj  year  for  the  despatch  of  business.  The 
legislative  councils  were  to  consist  of  not  fewer 
than  fifleen  in  Lower  Canada,  nor  less  than  se- 
ven members  in  Upper  Canada;  to  be  appointed 
by  the  crown,  and  to  hold  their  seats  for  life.  His 
majesty  was  authorized  by  the  act  to  annex  to  he- 
reditary titles  of  honour,  the  right  of  being  sum- 
moned to  the  legislative  council,  a  power  which, 
hitherto,  it  has  not  been  deemed  expedient  to 
exercise. 

A  new  and  enlarged  constitution  being  provided 
for  Lower  Canada,  (to  which  province,  it  is  to  be 
understood,  the  sequel  will  exclusively  relate,)  its 
limits  were  defined  by  the  proclamation  of  the 
lieutenant-governor.  Sir  Alured  Clarke,  of  the  18th 
November,  1791,  and  the  26th  of  December  ensu- 
ing, was  appointed  as  the  day  upon  which  the 
constitution  was  to  take  effect.  On  the  2d  day  of 
May  following,  the  province  was  divided  and  sub- 
divided into  counties,  cities  and  towns,  each  of 
which  were  to  choose  their  representatives  for  the 
assembly,  amounting  in  all  to  (if\y,  the  lowest  num- 
ber by  law  appointed  for  the  provincial  represen- 
tation in  the  popular  branch  of  the  legislature. 

The  first  elections  were  favourable  to  the  party, 
and  it  must  be  owned,  to  the  credit  of  tliose  gen- 
tlemen of  the  trade  who  obtained  seats  in  the  as- 


5i    'i 


!       * 


Hi 


li 


; 


; 


16 

aembly,  that  they  were  chiefly  instrumental  in  in- 
troducing a  system  in  the  mode  of  conducting  the 
public   business    of   that   body,    the   advantages 
whereof  will  be  long  and  universally  felt  in  ihe 
province.     Their  practical  knowledge  of  the  na- 
ture of  the  constitution  recently  conferred  upon  the 
province,  gained  them  the  confidence  of  the  Ca- 
nadian members,  which,  if  managed  with  discre- 
tion, might  have  secured  a  permanent  influence. 
The  party  were,  however,  precipitate,  and  in  their 
eagerness  for  dominion,  they  betrayed  an  unsea- 
sonable zeal  for  the  introduction  of  the  English 
language,  exclusively,  into  all  legislative  proceed- 
ings and  enactments;  that  roused  the  indignation 
of  the  country  members,  who  were  not  acquainted 
with  that  language.     They  who  were  even  versed 
in  it,  opposed  the  measure  as  an  attempt  to  estab- 
lish  a  precedent,  at  once  unnecessary,  ungenerous, 
and  impolitic.     It  was  contended  that  such  of  the 
old  subjects  as  had  obtained  seats  in  the  assembly, 
understood  French  (the  vulgar  tongue),  whereas 
few  of  the  new  subjects  understood  English.     That 
the  convenience  of  the  few,  ought  necessarily  to 
yield  to  that  of  the  multitude.     In  vain  was  the 
example  of  the  Conqueror  William  appealed  to, 
who  introduced  the  Norman  dialect  into  the  pro- 
ceedings of  his  councils  and  courts  of  justice  in 
England,  after  the   conquest.     The   abolition  of 


17 


ental  in  in- 
iducting  the 
advantages 
felt  in  ihe 
I  of  the  na- 
ed  upon  the 
of  the  Ca- 
vith  discre- 
it  influence, 
and  in  their 
1  an  unsea- 
the  English 
ve  proceed- 
I  indignation 
acquainted 
ven  versed 
)t  to  estab- 
ungenerous, 
such  of  the 
e  assembly, 
),  whereas 
ish.     That 
6ssarily  to 
lin  was  the 
ppealed  to, 
to  the  pro- 
f  justice  in 
bolition  of 


that  disgusting  badge  of  slavery,  and  the  opinion 
of  a  learned  commentator*  on  the  English  laws, 
were  retorted  upon  the  advocates  of  the  proposed 
measure.  Some  weeks  were  even  exhausted  in 
angry  debate  upon  this  subject,  which  ended  in  n 
compromise  that  the  business  should  be  carried  on 
in  either  tongue,  and  that  bills  presented,  should 
be  put  into  both  languages  by  the  clerk  or  his  as- 
sistants ;  but  that  the  text  should  be  considered  to 
be  that  of  the  language  of  the  law,  to  which  such 
bills  might  relate. 

A  little  caution  at  this  juncture  might  have  been 
of  the  utmost  importance  to  the  subsequent  tran> 
quillity  of  the  province,  but  the  stubborn  perse- 
verance of  the  party  awoke  the  suspicion  of  the 
country,  v/ho  could  not  reconcile  the  overbearing 
spirit  which  the  former  had  exhibited  in  the  pre- 
sent instance,  with  the  freedom  of  the  new  consti- 
tution. From  this  period,  and  probably  from  this 
circumstance,  parties  assumed  ^udtstinct  character. 
The  diffident  and  respectful  habits  of  the  Cana- 
dian removes  him  from  that  easy  intercourse,  so 
necessary  to  a  good  understanding  between  the 
ruler  and  the  people,  and  gave  an  advantage  t6 
the  party,  who,  from  their  situations  and  connexion 
with  the  administration  of  the  government,  had 

*^  Sir  William  Blackstone. 
3 


i 


^! 


i    > 


18 

fair  and  frequent  opportunities  of  influencing  the 
governor  in  the  political  concerns  of  the  province. 

The  delirium  of  the  French  revolution  had 
created  a  general  alarm  among  the  governments  of 
Europe,  and  in  this  solitary  corner  of  the  world,  it 
became  fashionable  to  suspect  the  country  of  re- 
volutionary principles.  The  least  objection,  how- 
ever fair  and  unanswerable,  to  the  ministerial  mea- 
sures of  the  day,  was  attributed  to  the  influence  of 
these;  and  imprisonment  and  disgrace  awaited 
those  who  dared  to  question  the  propriety  of  mea- 
sures, or  to  meddle  with  public  affairs  contrary  to 
the  sense  of  the  party.  The  country  felt  the  in- 
justice of  the  imputation,  but  silently  strengthened 
under  the  indignity,  while  the  power  of  their  ad- 
versaries, built  upon  a  sandy  and  shifting  founda- 
tion, grew  proportionally  weaker,  as  the  artifice 
became  palpable.  The  floating  capital  of  the  pro- 
vince, and  the  refugee  talents  of  New-England, 
were,  however,  formidable  adversaries  against  the 
plain  yeomanry  of  Canada,  and  their  total  discom- 
fiture cost  the  country  many  an  arduous  contest. 

As  the  assembly  in  reality  represented  the  pro- 
vince, they,  by  analogy,  were  in  Lower  Canada, 
what  the  house  of  commons  were  in  England. 
The  legislative  council,  by  a  parity  of  reasoning, 
assimilated  themselves  to  the  house  of  lords,  and 
accordingly  assumed  the  etiquette  and  ceremonials 


19 


uencing  the 
le  province. 
Dlution   had 
^ernments  of 
he  world,  it 
untry  of  re- 
action, how- 
isterial  mea- 
influence  of 
Lce  awaited 
iety  of  mea- 
contrary  to 
felt  the  in- 
trengthened 
of  their  ad- 
ing  founda- 
the  artifice 
I  of  the  pro- 
w-England, 
against  the 
)tal  discom- 
3  contest, 
ed  the  pro- 
ber Canada, 
n  England, 
reasoning, 
lords,  and 
eremonials 


4 


1 


of  that  exalted  body,  in  their  proceedings  and  com- 
munications with  the  house  of  assembly. 

The  creation  of  this  branch  of  the  Canadian  le- 
gislature, originated,  no  doubt,  in  a  just  apprecia- 
tion of  the  nature  of  the  British  constitution,  and 
of  the  advantage  of  those  balances  by  which  it  is 
poised.  But  the  comparison  was  futile.  The  re- 
semblance was  that  of  the  shadow  to  the  sub- 
stance. Far  from  possessing  the  comparative  in- 
fluence in  the  colony,  which  the  wealth  and  exten- 
sive possessions  of  the  British  peerage  command 
in  the  weighty  concerns  of  the  empire,  the  legisla- 
tive council  were,  as  yet,  rather  unpopular  than 
otherwise.  Some  of  those  who  held  seats  in  the 
legislative,  were  at  the  same  time  members  of  the 
executive  council,  and  such  members  of  this,  as 
did  not  belong  to  the  former  body,  had  succeeded 
in  obtaining  seats  in  the  assembly. 

The  expenses  of  the  civil  government  of  the 
province  was  partially  provided  for,  by  certain  du- 
ties imposed  upon  the  trade  of  the  colony  in  virtue 
of  acts  of  the  imperial  parliament.  The  deficit 
was  supplied  by  the  British  government.  The 
moneys  levied  under  acts  of  the  colonial  legislature 
were  exclusively  applied  to  local  purposes,  accord- 
ing to  the  directions  of  that  body  from  time  to 
time.  The  colonial  administration,  who  appear  to 
have  had  an  illimitcd  credit  with  the  government  at 


•  '.' 


li 


!H 


20 

home,  cautiously  abstained  from  calling  on  the  as- 
semblj  for  funds  to  relieve  the  mother  country  of 
the  civil  expenses  of  the  province,  sensible  that 
such  a  demand  vFould  transfer  to  the  popular 
branch  of  the  legislature  the  influence  which  the 
executive  were  anxious  to  secure  for  themselves. 

A  community  of  interests  rendered  the  party 
unanimous,  and  therefore  strong ;  and  this  strength 
and  that  unaninuty  were  effectual,  through  the  ad- 
vantages they  derived  from  the  disposal  of  the  pub- 
lic means.  To  maintain  the  position  assumed  by  the 
party,  required  all  the  talent  and  address  of  which 
they  were  possessed.  On  every  occasion  where  a 
disposition  was  evinced  in  the  assembly  to  exercise 
those  undeniable  privileges  inherent  in  the  consti- 
tution, the  prerogative  was  endangered,  or  a  revo- 
lutionary spirit  was  discovered ;  and  flimsy  as  these 
pretexts  may  appear  at  the  present  day,  they  pro- 
duced a  delusion,  which  the  perseverance  of  twen- 
ty-five years,  interspersed  with  traits  of  persecu- 
tion and  injustice,  has  scarcely  brushed  away. 

It  was  in  the  same  domineering  spirit  to  which 
we  have  alluded,  that  the  enactment  of  a  law  sub- 
sequently productive  of  infinite  mischief,  took 
place  in  the  first  session  of  the  second  provincial 
parliament.*    This  was  termed  "  An  Act  for  the 


*  2d  May,  1797. 


!l 


21 


on  the  as- 
country  of 
risible  that 
ve  popular 
which  the 
jraselves. 
the  party 
lis  strength 
igh  the  ad- 
)f  the  pub- 
med  by  the 
ss  of  which 
an  where  a 
to  exercise 
the  consti- 
or  a  revo- 
sy  as  these 
they  pro- 
;e  of  twen- 
f  persecu- 
away. 

to  which 
a  law  sub- 
lief,  took 
provincial 
ct  for  the 


€ 


better  preservation  of  His  Majesty^s  Government 
as  by  Laws  happily  established  in  this  Province,^* 
commonly  termed  the  '^  Suspension  of  the  Habeas 
Corpus  Act/'  By  this  law  the  governor  was  au- 
thorized to  confine  without  bail  or  mainprize,  by 
warrant  under  the  hand  of  three  members  of  the 
executive  council,  any  person  guilty  of  high  trea- 
son, misprision  of  high  treason,  or  upon  suspicion 
of  high  treason,  or  treasonab.i.'  practices^  Though 
the  country  knew  the  extent  and  danger  of  the 
power  thus  conferred  upon  their  adversaries,  who 
had  only  to  suspect  them  of  treasonable  practices, 
(and  nothing  was  easier,  as  all  opposition  to  the 
measures  of  the  party  was  in  their  opinion  a  mis- 
prision at  least,)  to  furnish  a  pretext  to  put  into  ac- 
tion this  engine  of  despotism,  they  submitted  to 
the  sacrifice.  To  have  refused  would  have  in- 
volved the  country  in  groundless  imputations  of 
disaffection  towards  the  government ;  and  it  was, 
therefore,  deemed  more  expedient  to  hazard  the 
experiment  of  furnishing  the  party  with  a  weapon, 
which,  if  used  with  imprudence,  would  at  the  end 
defeat  their  purpose,  than  to  incur  the  risk  of  be- 
ing considered  reluctant  to  secure  the  government 
against  remote,  or  even  imaginary  dangers. 

The  criminal  laws  of  the  province  were  at  all 
times  adequate  to  the  support  and  security  of  his 
majesty's  government  against  intestine  commotion 


1^-7 


it 


i!'! 


Hi 


22 

or  foreign  influence,  and  the  history  of  Lower  Ca- 
nada affords  but  a  solitary  instance  of  a  convic- 
tion for  treason,  and  that,  not  of  a  native  nor  inhabi- 
tant of  the  province.  A  sorry  adventurer  from  the 
United  States,  had  conceived  the  chimerical  pro- 
ject of  seizing  the  fortifications  of  Quebec,  and 
effecting  a  revolution  in  the  province,  under  the 
patronage,  an4  with  promises  of  protection  from 
the  French  minister  then  in  the  United  States  oi 
America.  A  total  stranger  in  Canada,  and  alike 
destitute  of  adherents  and  resources,  his  plans 
were  so  foreign  from  those  which  denote  a  sane  un- 
derstanding, that  we  may  be  pardoned  in  believing 
him  far  less  deserving  of  the  vengeance  of  the  law 
than  of  compassion,  and  confinement  as  a  lunatic. 
He  was,  however,  legally  tried,  condemned,  and 
executed  as  a  traitor.*  The  example  of  this  sorry 
individual  was  favourable  to  the  views  of  the 
party,  as  it  tended  to  promote  the  opinion  abroad, 
that  the  province  contained  materials  prone  to 
combustion,  which  although  totally  untrue,  present- 
ed the  country  in  an  odious  light  to  those  who  had 
not  the  means  of  ascertaining  the  real  state  of 
things. 

The  courts  of  judicature  were,  by  an  act  passed 
in  the  first  session  of  the  first  provincial  parlia- 

*  His  name  was M'Lean.     He  was  executed  at  Quebec, 

in  the  year  1796. 


23 


ment,  regenerated,  and  tribunals  of  original  juris- 
diction  (termed    courts    of  king's   bench)  were 
established  in  the  districts  of  Quebec,  Montreal,  and 
Three  Rivers.     The  court  at  Quebec  was  to  con- 
sist of  the  chief  justice  of  the  province,  and  three 
puisne  judges;  that  of  Montreal  was  to  consist  of 
a  district  chief  justice,  and  three  puisne  judges. 
The  court  of  king's  bench  at  Three  Rivers  was  to 
consist  of  a  provincial  judge  (to  be  resident  at 
Three  Rivers),  and  any  two  judges  of  either  of 
the  other  districts.     From  these  courts  an  appeal 
lies  to  the  executive  council  of  the  province,  or  to 
a  quorum  consisting  of  five  members  of  that  body, 
and  from  thence  in  certain  cases  to  the  king  in 
council. 

The  vices  of  this  system  of  judicature,  however 
uprightly  and  ably  it  may  have  been  conducted  as 
far  as  its  functionaries  are  concerned,  have  created 
much  disgust,  as  well  as  from  its  peculiar  organi- 
zation as  from  the  exorbitant  expense  of  maintain- 
ing it.  Upwards  of  twenty  thousand  pounds  are 
annually  absorbed,  to  defray  the  administration  of 
justice  in  Lower  Canada  alone.  Gentlemen  se- 
lected either  from  among  the  landholders  or  the 
trade  of  the  province,  however  respectable  in  other 
attainments,  can  scarcely  be  considered  capable 
of  forming  correct  opinions  in  a  court  of  the  high- 
est authority  in  the  colony,  on  those  legal  questions 


T 


U 


li 


which  in  the  inferior  courts  have  perplexed  men  of 
professional  education.  The  judges  of  these  courts 
alternately  preside  in  appeal  to  revise  each  others 
judgments,  and  their  influence  must  be  great  with 
such  of  their  colleagues  in  that  tribunal,  who  have 
not  the  advantages  of  professional  attainments. 
Concerned  at  once  in  the  legislature,  in  the  coun- 
cil and  in  the  judicature,  the  public  could  not  be 
{)ersuaded  of  their  disinterestedness  and  impar- 
tiality in  many  instances,  particularly  in  those  po- 
litical points  which  they  were  known  to  have  main- 
tained in  one  capacity,  and  which,  to  be  con- 
sistent, they  could  nqt  relinquish  in  the  other. 
We  shall  not  soil  our  pages  with  a  relation  of 
the  disgraceful  occurrences  springing  from  this 
anomaly,  in  which  the  dignity  of  the  bench 
and  the  freedom  of  elections  have  been  vio- 
lated. Such,  in  the  intemperance  of  party  heat, 
was  the  perversion  of  public  justice,  that  a  reso- 
lute and  persevering  assembly,  rather  than  submit 
to  the  flagrant  abuses  which  destroyed  the  public 
confidence  in  the  king's  courts,  chose  to  incur  the 
hazardous  experiment  of  two  successive  dissolu- 
tions. The  intrigues  carried  on,  and  the  animosi- 
ties created  at  a  contested  election,  were  rightly 
thought  derogatory  to  the  elevated  rank  of  persons 
clothed  with  the  judicial  character.  Arguments 
were  exhausted,  and  incontestable  facts  were  pro- 


25 


i  animoBi- 


duced  and  recorded  of  the  serious  inconveniences 
resulting  from  the  interference  of  a  judge  at  elec- 
tions ;  yet,  never  was  a  virtuous  cause  supported  by 
more  anxiety  and  solicitude  than  the  party  exhibit- 
ed in  opposing  the  honourable  views  of  the  coun- 
try, in  removing  obstructions  to  the  pure  and  im- 
partial dispensation  of  justice.  The  efforts  of  the 
assembly  to  accomplish  this  desirable  purpose, 
were  contemplated  in  the  most  unfavourable  light, 
their  motives  were  wilfully  misrepresented,  and 
finally  an  unsuspecting  viceroy  was  involved  in  a 
contest,  that  might  easily  have  been  avoided  by  a 
manly  and  dignified  concession,  which  by  procras- 
tination lost  its  merit  and  lowered  oven  the  ad- 
ministration of  the  government  in  the  opinion  of 
the  people.  In  the  struggle  to  which  we  allude 
the  party  were  worsted,  and  their  influence  was  at 
once  annihilai<;d. 

Men  eminent  for  their  talents,  their  probity,  and 
their  loyalty,  who  had  frankly  avowed  their  senti- 
ments on  the  subject,  were,  in  some  instances,  pub- 
licly insulted  and  reviled,  and  in  others  wantonly 
cast  into  prison,  under  a  fictious  suspicion  of  trea- 
sonable practices.  The  administration,  as  if  con- 
scious of  the  injustice,  did  not,  in  a  single  instance, 
though  earnestly  solicited  by  the  individuals  who 
groaned  under  its  displeasure,  presume  to  hazard 


I    * 


26 


U  !  I 


ni 


^inii 


1  f 


i       Vif.: 


:  ■  t,. 


ill 


I:  -hi 


..  :!" 


Ill  11 


.i  ill 


the  trial  of  their  imputed  g"Ut  by  the  verdict  of  a 

jury- 

The  party  had  at  this  juncture  reached  the  ze- 
nith of  a  baleful  career,  from  which  it  was  preci- 
pitated by  the  stubborn  zeal  it  displayed  in  oppos- 
ing measures,  evidently  wholesome,  and  in  slander- 
ing the  country  at  this  unpropitious  season.     The 
exclusion  of  judges  from  a  seat  in  the  assembly, 
and  the  acquisition  of  the  civil  list,  were  the  main 
objects  of  a  decided  majority  of  the  assembly  and 
of  the  province  at  large,  and  these  were  concerns 
in  which  the  prerogative  was  seriously  interested, 
and  offences  little  short  of  misprision  of  treason. 
What  in  specious  argument  was  wanting,  was  sup- 
plied in  mysterious  inferences  by  the  party,  whose 
boldness   in  assertion   and  superiority   in   cabal, 
checked  the  timid  progress  of  the  country  in  the 
pursuit  of  these  objects,  which  by  a  steady  perseve- 
rance they  ultimately  obtained,  and  which,  indeed, 
were  at  length  spontaneously  conceded, nay,  recom- 
mended by  the  crown.     The  general  circulation 
of  a  free  though  perhaps  a  licentious  paper  in  the 
French  language,  gave  the  people  an  idea  of  the 
subjects  agitated  in  the  legislature,  and  of  the  dif- 
ferent views  in  which  they  were  considered  by  the 
party  and  the  country.     The  people,  alive  to  the 
arguments  of  the  press  in  support  of  the  measures 
for  which  the  assembly  had  been  dissolved,  une- 


27 


qiiivocally  expressed  their  sense  on  the  conduct  of 
that  branch  of  the  legislature,  by  a  re-election  of 
the  old  members.  The  leading  men  of  the  party, 
finding  their  influence  ebbing,  for  the  most  part  de- 
clined their  elections  to  save  the  disgrace  of  a  de- 
feat, and  such  as  entered  the  lists  of  candidates 
were  unsuccessful. 

The  arbitrary  measures  of  the  Craig  administra- 
tion were  the  effect  of  the  party  spirit  prevalent 
at  that  period.  Men  of  temperate  counseis  may 
have  disapproved  of  the  means  sometimes  employ- 
ed, though  they  could  not  reasonably  condemn  the 
ends  proposed  by  the  assembly  in  this  season  of 
difficulty.  But  in  the  whole  tenor  of  their  pro- 
ceedings, the  most  scrupulous  bigot  in  politics  can 
trace  no  real  symptoms  of  disaflfection  to  the  go- 
vernment, nor  conceive  any  plausible  vindication 
for  the  severity  which  the  viceroy  exercised  to- 
wards individuals  whose  probity  was  unquestiona- 
ble. That  he  acted,  however,  with  sincerity,  and 
upon  a  mistaken  conviction  that  his  measures  were 
indispensable,  is,  at  the  present  day,  as  certain  as 
that  it  is  owing  to  the  personal  virtues  of  this  me- 
ritorious though  deluded  officer,  that  his  admini- 
stration has  not  been  stained  with  innocent  blood. 

Strange  as  it  must  appear,  it  is  nevertheless  true, 
that  the  odious  law  under  which  these  arbitrary 
imprisonments  were  made,  was,  after  a  continu- 


*i» 


,'h: 


i     is 


;:!'! 


f\ 


ance  of  fifteen  years  of  profound  tranquillity  in 
North  America,  discontinued  at  a  moment,  when 
Tvar  was  on  the  point  of  bursting  out  with  the 
United  States.  Yet  his  majesty's  government  ne- 
ver had  cause  to  regret  its  extinction;  nor  do  the 
courts  in  Lower  Canada  furnish  a  single  instance 
of  a  conviction  for  treason  during  the  late  war. 

A  groundless  belief  had  been  propagated  abroad, 
which,  unhappily,  influenced  the  councils  of  the 
neighbouring  states,  and  accelerated  a  wasteful 
and  unnecessary  war,  that  a  seditious  disposition 
prevailed  in  Canada.  The  broils  excited  by  the 
overbearing  insolence  of  party,  were  mistaken  for 
disaffection  to  the  government,  and  as  the  error 
was  congenial  to  the  views  of  the  party,  it  was  ra- 
ther cherished  than  corrected.  The  experiment 
of  a  war,  undertaken  with  the  avowed  intention 
of  conquering  the  Canadas,  removed  the  impres- 
sion, and  as  it  refuted  the  calumnious  imputations 
of  disloyalty  which  hua  been  cast  upon  the  colony, 
achieved  also  the  downfal  of  its  internal  adversa- 
ries. 

The  country  having  gained  a  decided  ascen- 
dency, conducted  the  public  affairs  with  unanimity 
and  despatch,  and  the  governor,  on  the  declara- 
tion of  war,  finding  them  fully  disposed  to  afford 
him  the  utmost  assistance  of  which  the  province 
was  capable,  generously  reposed  his  confidence  in 


29 


their  zeal  for  the  public  service.  Liberated  from 
the  habitual  constraint,  under  which  they  had  la- 
boured, it  is  not  surprising  that  reaction  should 
have  sprung  from  the  resentment  of  the  country, 
who  now  asserted  the  right  of  the  commons  of  the 
province,  to  inquire  into,  and  impeach  the  conduct 
of  those,  who,  above  the  ordinary  reach  of  the 
laws,  might,  without  this  salutary  control,  trample 
upon  the  liberties  of  the  people.  The  novelty  of 
this  measure  of  the  assembly,  rendered  it  expe- 
dient to  refer  to  the  government  at  home  for  ad- 
vice on  so  delicate  a  subject,  and  the  latent  re- 
mains of  the  partj  finding  the  turn  which  afTairs 
had  taken,  in  the  bitterness  of  disappointment, 
conspired  at  the  ruin  of  the  governor.  Accident 
alone  has  cast  a  ray  of  light  on  a  dark  and  unwor- 
thy transaction,  in  which  the  conduct  of  that  offi- 
cer, and  the  loyal  exertions  of  the  country  have 
been  slandered  and  misrepresented.*     The  pro- 

*  The  paper,  here  alluded  to,  was  put  into  the  hands  of  one 
of  the  superior  servants  of  the  castle,  at  Q,uebec,  during  the 
absence  of  the  governor,  while  at  Montreal,  with  directions  to 
carry  it  round  to  the  different  persons  concerned  in  the  trausac- 
tion  for  their  signatures.  This  poor,  though  honest,  individual, 
suspecting  something  clandestine,  from  the  charge  of  secresy 
which  had  been  enjoined  him,  had  the  curiosity  to  look  into 
the  paper.  Upon  finding  its  contents  to  be  of  so  pointed  a  na- 
ture against  the  governor,  he  took  it  to  a  gentleman  of  Sir 
George's  family,  requesting  that  he  would  peruse  it,  saying  that 


■5  ■  i' 


I)  ■■■ 


!f ;  '■'  .; 


-.1  ;    ■    ' 


ri  'I' 


i  lii  i 


il  i;' 


1'  ■    jii'i 


;;l'! 


■il    ■i' 


<! 


I; 


30 

ceedings  of  the  assembly  and  its  progressive  en- 
croachments on  the  prerogative,  and  on  the  other 
branches  of  the  legislature,  and  the  inclination  it 
had  shown  to  demolish  the  whole  judiciary  system, 
with  a  view,  as  it  was  asserted,  of  establishing  a 
control  over  the  constituted  authorities  c  f  the  pro- 
vince, were  represented  in  a  strong  though  exag- 
gerated manner.  The  administration  of  the  pre- 
ceding, was  contrasted,  with  much  acrimony  and 
false  colouring,  with  that  of  the  present  governor. 
2^  who  was  represented  as  trucking  to  the  assembly, 
and  seeking  popularity  by  a  studied  disregard  of 
the  system  pursued  by  his  predecessor,  and  of  those 
persons  who  had  supported  it.  He  was  accused 
of  having  selected  for  a  seat  on  the  bench,  one  of 
those  men  who  had  been  imprisoned  by  the  late 
governor  for  treasonable  practices,  and  against 
whom  (they  observed)  proceedings  on  that  charge 
were  still  pending.  His  selection  of  others  of  the 
same  description,  for  offices  of  trust  and  emolu- 
ment, was  also  noticed,  with  some  personal  reflec- 

it  contained  matter  which  he  thought  it  his  duty  to  make  knowi. 
at  head-quarters.  The  gentleman  to  whom  it  was  communi- 
cated did  not  think  proper  to  take  a  copy  of  it,  but  acquainted 
the  governor  with  the  nature  of  its  contents.  We  regret  that, 
instead  of  the  substance  of  this  document,  it  is  not  in  our  power 
to  put  on  record,  a  production  of  which  even  the  rancour  of  a 
divine  has  never  produced  a  parallel. 


II:  % 


31 


tions.  The  impeachments  of  the  chief  justices  by 
tiie  assembly  were  particularly  adverted  to;  and 
as  the  result  of  this  policy  on  the  part  of  the  go- 
vernor, and  of  those  principles  in  the  assembly,  it 
was  stated,  that  the  very  "life-blood  of  loyalty 
was  tainted  in  the  land  and  the  government  itself 
palsied  to  the  heart."  These  evils  were  said  to  be 
of  vital  moment,  and  such  as  could  only  be  reme- 
died by  the  interference  of  the  king's  government, 
which  ought  no  longer  to  leave  them  to  the  com- 
bined results  of  "indifference,  inaction  and  inca- 
pacity. 

Such  were  the  sentiments  entertained  by  those 
to  whom  the  governor  was  to  look  for  advice,  in 
seasons  of  emergency  and  danger;  and  it  is  not 
surprising  that  his  confidence  should  have  been 
withdrawn  from  persons  in  whom  he  could  place 
no  further  reliance.     The  discovery  of  this  memo- 
rial provoked  others  from  the  friends   of  the  ad- 
ministration, and  the  yeomanry  of  the  province,  to 
his  majesty's  government,  expressive  of  their  satis- 
faction with,  and  reliance  on  the  wisdom  of  the 
governor's  administration.     These  addresses  were 
transmitted  to  England,  where,  there  is  cause  to 
believe,  they  were  all  laid  aside  without  any  notice. 
This  attempt   to    injure    the  commander  of  the 
forces,  was  by  some  who  had  been  concerned  in  it, 
afterwards,  awkwardly  excused  by  assurances  to 


■    i 
1 


i:.^ 


h 


!■;! 


:   11 


■i  ■• 


M\M' 


:-i\ 


I  :: 


1^ 


! 


;i.  ir^i 


'M 


32 

his  excellency,  that  they  had  understood  it,  not  as 
reflecting  upon  him,  hut  upon  the  minister;  upon 
that  minister  to  whom  it  was  known  to  have  heen 
transmitted,  and  to  whose  conduct  assuredly  it  was 
inapplicable.* 

Notwithstanding  the  cabals  which  undermined 
this  administration,  the  governor  would  have  main- 
tained his  ground,  had  not  thr  ^  verse  experienced 
at  Plattsburgh,  wounded  th-.*  national  pride,  and 
rendered  his  removal  unavoidable.  The  province 
under  this  administration  made  rapid  progress  in 
the  improvement  of  its  constitutional  endowments. 
While  the  needs  of  the  government  were  liberally 
supplied  by  the  assembly,  that  body  seasonably 
availed  itself  of  the  advantages  of  its  position,  and 
boldly  exercised  the  privileges  inherent  in  the  po- 
pular branch  of  the  legislature,  and  established  a 
salutary  check  upon  the  provincial  authorities, 
which  hitherto  had  put  control  at  defiance. 

The  work  commenced  under  this,  was  not  how- 
ever consummated  unt'l  late  in  the  short,  though 

*  It  is,  however,  an  extraordinary  circumstance,  that  some  of 
the  persons  (gentlemen  of  no  mean  distinction  in  Lower  Cana- 
da) who  subscribed  this  paper,  were  not  even  themselves  clear 
of  its  true  meaning  and  drifl.  As  a  proof  of  this,  one  of  those 
who  signed  it,  added  a  memorandum  or  protest,  that  by  so  doing, 
he  was  not  to  be  understood  as  asking  for  any  alteration  in  the 
constitution  of  the  province. 


4 


33 


eventful  administration  of  his  successor,  Sir  John 
Coape  Sherbrooke,  than  whom  no  man  ever  better 
understood  the  people  he  was  sent  to  govern,  nor 
entered  more  cordially  into  the  spirit  of  their  con- 
stitution. With  a  thorough  knowledge  of  the  par- 
ties which  divided  the  province,  he  attentively 
listened  to  both,  but  yielded  to  neither.  Although 
in  some  instances  he  appeared  to  concede,  yet  in 
reality  he  gained  more  in  his  transactions  with  the 
other  branches  of  the  legislature  than  he  gave; 
and  the  prudent  and  equitable  spirit  of  his  reign 
was  infinitely  better  adapted  to  the  times,  than  a 
punctilious  adherence  to  prerogative,  which  had 
unmeaningly  been  clamoured  up  by  the  party 
under  former  administrations.  The  events  which 
grew  out  of  the  first  session  of  the  assembly,  after 
his  assumption  of  the  government,  enabled  him  to 
gratify  that  body  in  a  way  that  somewhat  relieved 
the  reluctance  with  which  the  old  question  had 
been  relinquished.  He  rendered  an  important  ser- 
vice to  the  country,  in  augmenting  the  numbers  of 
the  legislative  council,  where  from  this  circum- 
stance, a  more  liberal  spirit  shone  forth  than  here- 
tofore prevailed  in  that  branch,  whose  doors,  hi- 
therto closed,  were  now  thrown  open  to  the  public. 
They  by  this  means  acquired  credit  among  the 
people,  corresponding  to  the  wisdom  which  guid- 
ed their  councils,  and   thus  made  some  progress 


!ii  : 


'M 


^■!i 


VI  \ 


i  ^  m 


Mi! 

!  i;; 


111   i 


:^' 


z.^^- 


34 

towards  the  purpose  intended  by  their  establish- 
ment, a  check  upon  the  more  solid  materials  of 
the  lower  house.  The  recent  weight  conferred 
upon  the  legislative  council  by  the  important  pri- 
vilege of  deciding  on  all  cases  of  impeachment  by 
the  assembly,  as  declared  by  the  sovereign  will, 
may  probably  lead  to  resu-is  more  congenial  to 
private  ambit;>>n  than  to  the  public  weal.  Here- 
ditary honours  upheld  by  extensive  patrimonial 
estates,  alike  independent  of  the  sovereign  and 
the  subject,  may  in  Europe  be  the  support  of  the 
former,  and  the  protection  of  the  latter,  and  are, 
therefore,  essentially  connected  with  the  existence 
of  the  state. 

The  creation  of  an  hereditary  colonial  noblesse, 
destitute  of  hereditary  possessions,  would  entail  a 
needy  progeny  of  dependants  upon  the  provincial 
government,  and  by  closing,  against  plebeian  merit, 
the  avenues  to  the  royal  patronage,  necessarily 
tend  to  destroy  the  popular  influence  of  the  crown. 

The  narrow  policy  of  checking  the  develope- 
ment  of  the  colonial  constitution,  heretofore  preva- 
lent in  the  province  of  Lower  Canada,  as  it  has 
no  doubt  been  contrary  to  the  intention,  will  also 
be  found  contrary  to  the  interests  of  the  British 
government.  This  province,  accustomed  to  derive 
all  its  political  and  commercial  advantage  from 
Great  Britain,  will,  if  admitted  to  a  fair  participa- 


stablish- 
,erials  of 
onferred 
rtant  pri- 
iment  by 
jign  will, 
igenial  to 
I     Here- 
itrimonial 
reign  and 
ort  of  the 
,  and  are, 
existence 

noblesse, 
Id  entail  a 
provincial 
eian  merit, 
lecessarily 
the  crown, 
develope- 
bre  preva- 
as  it  has 
will  also 
the  British 
d  to  derive 
itage  from 
•  participa- 


35 

tion  of  them,  in  common  with  other  subjects  of  the 
empire,  find  no  motive  to  seek  a  change  of  govern- 
ment ;  on  the  contrary,  many  inducements  will  con- 
cur to  resist  a  political  connexion  with  the  adja- 
cent republic  in  case  of  a  rupture. 

The  stale  conjecture  that  the  mother  country 
would  abandon  her  North  American  possessions, 
as  a  load  too  onerous  and  unprofitable  to  be  main- 
tained, is  now  exploded.  The  military  occupation 
of  Canada  is,  at  present,  the  only  charge  sustain- 
ed for  its  preservation,  and  the  advantages  of  the 
trade  alone,  exclusive  of  the  means,  which  an  ex- 
tent of  fertile  territory  greater  than  all  Europe, 
affords  to  Great  Britain  of  providing  for  her  sur- 
plus population,  and  thus  strengthening  her  empire, 
vastly  outweighs  the  momentary  consideration  of 
the  actual  expense. 

Here  we  may  be  indulged  in  some  observations, 
on  colonising  the  unsettled  parts  of  the  province, 
for  which  the  present  emigration  from  Europe 
offers  a  favourable  opportunity.  The  present  sys- 
tem of  granting  lands  in  Canada,  is  attended  with 
such  serious  inconveniences  to  settlers,  as  abso- 
lutely to  prevent  the  clearing  and  establishment  of 
many  of  the  most  valuable  tracts  of  land  in  North 
America.  By  the  act  of  parliament  establishing 
the  present  constitution  of  the  Canadas,  it  is  pro- 
vided, that  a  proportion  equal  to  one-seventh  of  all 


t 

'I 


36 


iii;^!j 


l''|i 


}i':  m 


crown  lands  which  should  thereafter  be  granted,  be 
reserved  for  the  support  of  a  protestant  clergy.  A 
further  proportion  of  one-seventh,  is  in  like  manner 
reserved  in  virtue  of  the  king^s  instructions,  for  the 
future  disposition  of  the  crown.  These  reserves 
are,  as  nearly  as  circumstances  will  admit,  of  the 
same  quality  as  the  lands  in  respect  of  which  they 
are  allotted  and  reserved,  and  extend  in  all  direc- 
tions over  the  several  townships  in  the  province. 
The  settlers  who  enter  the  forest  and  clear  their 
lands,  arc,  by  these  crown  and  clergy  reserves, 
wliicfi  remain  in  a  state  of  nature,  every  where 
surrounded  by  an  impenetrable  wood,  which  at 
once  serves  as  a  resort  for  beasts  of  prey,  and 
shade  the  adjacent  land  so  as  to  prevent  it  from  re- 
ceiving, sufficiently,  the  warmth  of  the  sun  to  ripen 
the  grain.  The  opening  and  maintenance  of  roads 
over  these  reserves,  which  exclusively  fall  upon 
the  neighboui  '"-5  settlers,  if  they  are  desirous  of 
keeping  open  an  easy  communication  with  either 
of  the  markets  of  Quebec  or  Montreal,  is,  also, 
another  very  serious  burden  upon  the  farmers  re- 
sident in  the  townships.  This,  however,  is  a 
grievance  which  it  is  competent  for  the  provincial 
legislature  to  remove,  and  as  the  subject  has  al- 
ready been  taken  into  consideration,  it  is  probable 
that  measures  for  that  purpose  will,  at  an  early 
period,  be  adopted  by  the  legislature.    The  former 


37 


is  an  evil  which  can  only  be  removed  by  the  go- 
vernment at  home,  and  until  the  grievance  be  en- 
tirely removed,  the  improvement  of  the  townships 
must  linger,  to  the  disadvantage  and  disgust  of  the 
population  established  in  those  parts  of  the  pro- 
vince. The  proportion  of  lands  reserved  in  each 
township  for  the  crown  and  clergy,  if  comprehended 
within  a  single  area  or  lot,  instead  of  spreading  over 
the  face  of  the  country,  in  lots  of  two  hundred  acres 
each,  one  should  imagine,  would  fully  answer  the 
purpose  for  which  the  reserves  were  intended  by 
the  government,  without  causing  any  inconvenience 
to  the  settlers. 

The  uncultivated  or  wood  lands  in  Lower  Ca- 
nada, east  of  the  Saint  Lawrence,  are  generally  of 
an  excellent  £oil,,^and  alone  are  more  than  ade- 
quate for  the  reception  of  all  the  emigrants  from 
the  United  Kingdom  for  a  century  to  come.  The 
climate  is  mild  and  favourable,  far  beyond  what  it 
has  generally,  though  erroneously,  been  under- 
stood in  Europe;  and  judging  from  the  productive 
nature  of  the  ground,  in  places  where  infant  settle- 
ments have  been  already  formed,  this  section  of 
the  country  will,  at  no  very  remote  period,  become 
the  granary  of  Lower  Canada.  The  liberal  ap- 
propriations of  the  legislature  of  the  province  for 
the  improvement  of  the  internal  communications, 
if  the  moneys  have  been  judiciously  laid  out,  will 


!?■    .'• 


!'f 


38 


iHfci 


r  1-  i! 


mater) Ally  facilitate  the  settlement  of  these  town- 
ships. 

To  colonise  these  invaluable  lands,  is  an  object 
worthy  of  the  serious  attention  of  the  mother 
country.  The  government  by  incurring  a  very 
inconsiderable  expense  in  providing  implements  of 
husbandry,  and  a  subsistence  for  British  emigrants 
to  Canada,  until  a  crop  could  be  obtained  from  the 
new  lands  assigned  to  them,  would  induce  thou- 
sands of  valuable  farmers  to  settle  in  Canada,  in 
preference  to  the  United  States.  The  children 
and  descendants  of  these  people,  instead  of  owing 
their  allegiance  to  a  foreign  government,  would 
form  a  sturdy  and  loyal  yeomanry  along  the  Cana- 
dian frontier;  and  the  weak  policy  of  securing 
those  possessions  by  an  impenetrable  wilderness, 
would  be  replaced  by  the  sounder  method  of  de- 
fending them  by  a  robust  population. 

To  hazard  any  fliglity  speculations  on  the  future 
destiny  of  the  British  North  American  dominions, 
is  not  our  intention ;  but  it  must  be  admitted  by 
those  who  will  examine  their  geographical  posi- 
tion, with  the  advantages  of  their  soil  and  climate 
in  most  places,  that  they  are  susceptible  of  becom- 
ing a  most  important  and  powerful  appendage  of 
the  empire.  Although  amidst  the  busy  and  bril- 
liant concerns  in  which  the  attention  of  the  British 
government  has  since  some  years  been  engaged,  the 


39 


intrinsic  value  of  these  possessions  has  unavoida- 
bly been  overlooked,  the  period  is  at  length,  pro- 
bably, arrived,  when  they  are  considered  of  great 
national  importance,  and  a  subject  of  the  earnest 
solicitude  of  the  parent  state.     The  overflowing 
abundance  of  the  British  population,  and  the  large 
and  disposable  capital  of  the  nobility  and  princi- 
pal land  owners  in  Great  Britain,  cannot  be  more 
usefully  and  profitably  employed,  than  in  colonis- 
ing  the  new  and   productive  soil  of  the  British 
North    American    territories.      The  national    re- 
sources would  thereby    be    infinitely  multiplied, 
while  the  situations  of  the  emigrating  tenantry,  and 
the   private  fortunes   of  those    proprietors,   who 
should  invest  a  capital  in  the  purchase  and  clear- 
ing  of   lands,    would   be    essentially    promoted. 
Among  other  considerations,  not  the  least  interest- 
ing, would  be  that  of  preventing  a  valuable  portion 
of  the  British  population  from  forsaking  their  native 
government,  and  incorporating  themselves  with  a 
nation,  with  whom,  from  the  ties  of  their  common 
origin,  their  language,  religion,  and  customs,  they 
will  soon  be  identified ;  whose  principles  they  will 
easily  imbibe,  and  whose  interests,  becoming  their 
own,  they  will  not  scruple  to  promote,  by  assisting 
them  to  dh  possess  us,  at  some  future  day,  of  those 
lands,  the  value  whereof  the  United  States  are  per- 
fectly acquainted  with. 


ill 


n' 


The  recent  appointment  of  an  illustrious  person- 
age to  the  vice-royalty  of  British  North  America, 
and  the  cheering  prospect  of  a  permanent  peace 
with  the  United  States,  must  be  subjects  of  real 
gratification  to  all  who  take  an  interest  in  the  ge- 
neral prosperity  of  this  portion  of  the  British  em- 
pire. The  attention  of  the  wealthy  and  enterpris- 
ing from  home,  will,  probably,  be  turned  to  the 
Canadas,  where  an  immense  field  is  displayed  for 
th^  improvements,  and  a  certain  recompense  awaits 
the  industry  of  the  husbandman.  A  copious  mi- 
gration of  English  yeomanry,  under  the  patronage 
of  the  British  government,  or  of  some  of  the  higher 
classes  of  the  British  people,  would,  in  a  short 
time,  materially  improve  the  political  and  agricul- 
tural aspect  of  Lower  Canada.  The  exotic  pre- 
judices, which  have  shot  up  with  such  luxuriance 
as  to  overshadow  the  genuine  growth  of  the  land, 
would  languish  under  the  healthy  shade  of  the 
British  oak;  while  a  cummunity  of  interests 
among  all  denominations  of  the  king's  subjects  in 
Lower  Canada,  preserved  and  maintained  by  the 
wisdom  of  government,  would  bring  about  an  unity 
in  sentiment  and  interest,  which  would,  at  once, 
render  the  province  happy  within  and  respected 
abroad,  prosperous  in  peace,  and  doubly  secure  in 
the  event  of  war.  " 


(I'll 


41 


[1815. 


MEMOIRS,  &c. 


XilEUTENANT-GENERAL    SiR   GoRDON   DrUMMOND   had 

ierved  in  the  Canadas  during  the  administrations 
of  Sir  James  Henry  Craig,  and  from  his  intercourse 
with  those  who  were  thought  to  have  heen  in  the 
confidence  of  that  governor,  apprehensions  were 
entertained  that  he  might  have  imhihed  the  preju- 
dices of  his  reign. 

The  only  occurrence,  however,  of  any  moment, 
to  which  the  attention  of  the  reader  may  be  turn- 
ed in  the  course  of  his  short  administration,  is  the 
result  of  the  impeachments  preferred  by  the  house 
of  assembly  against  the  chief  justices.  The  arti- 
cles of  complaint  had  been  transmitted  to  England 
by  Sir  George  Prevost.  The  misunderstanding 
between  the  legislative  council  and  assembly, 
which  sprung  from  these  measures,  as  already  no- 
ticed, deprived  the  latter  of  the  means  of  deputing 
an  agent  to  prosecute  the  complaints  in  England. 

The  legislative  council  denied  the  right  of  the 

assembly  to  impeach,  unless  with  their  concur- 

6 


ii^2/^ 


h 


1815.] 


42 


i 


■'ii 


■!■    '1 

lij,      I;      ; 

s 


tlUtill 


I 'I'  il  ''' 


rence,*  and,  although  this  doctrine  could  not  be 
constitutionally  maintained,  yet  as  the  colonial 
laws  were  silent  on  the  subject,  it  was  apprehend- 
ed that  sufficient  influence  might  be  exerted  at 
home,  to  discountenance  this  new  pretension  of 
the  assembly,  which  if  acceded  to,  would  establish 
&  serious,  though  salutary,  restraint  upon  the  con- 
duct of  public  men,  and  few  gentlemen  of  the  for- 
mer body,  at  the  period  to  which  we  allude,  could 
be  considered  a^  personally  disinterested  in  thie 
respect. 

The  inability  of  the  assembly,  from  this  circum- 
stance, to  urge  their  pretensions  by  means  of  an 
agent,  gave  cause  to  expect  that  in  the  absence  of 
any  person  for  that  purpose,  the  impeachments 
would  be  overlooked  as  a  concern  of  little  import- 
ance. As,  however,  one  of  the  gentlemen  impli- 
cated had  proceeded  to  England  for  the  purpose 
of  repelling  the  accusations  brought  against  him, 
there  was  some  prospect  that  the  government  at 
home  would,  were  it  only  in  justice  to  these  gen- 
tlemen, admit  the  principle,  in  order  to  enable 
them  to  justify  their  conduct. 

The  decision  of  this  preliminary  question,  on 
which  a  difference  subsisted  between  *He  two 
branches  of  the  colonial  legislature,  seemed  indie- 

*  See  Appendix,  letter  A. 


4- 


43 


£1815. 


pensable,  before  any  inquiry  could  properly  be  in- 
stituted, as  well  from  the  novelty  of  the  question 
itself,  as  to  enable  the  assembly  to  appoint  an 
agent;  a  measure  from  which  the  legislative  coun- 
cil, after  the  admission  of  such  a  principle  on  tlie 
part  of  the  British  government,  could  not  plausibly 
withhold  its  consent. 

It  was  not  until  after  the  lapse  of  a  twelvemonth 
fr  m  the  transmission  of  the  impeachments  to  Eng- 
land, and  soon  after  the  recall  and  arrival  of  Sir 
George  Prevost  in  Britain,  that  any  serious  atten- 
tion appears  to  have  been  bestowed  upon  them  by 
government.  On  the  29th  June,  1815,  a  report 
from  a  committee  of  the  lords  of  his  majesty's  most 
honourable  privy  council,  dated  the  24th  of  the 
same  month,  pursuant  to  a  reference  concerning 
the  impeachments,  was  read  and  confirmed  in 
council  by  his  royal  highness  the  prince  regent. 
Those  charges  against  the  chief  justices,  which  re- 
lated to  the  rules  of  practice  in  their  respective 
courts,  were  alone  taken  into  consideration  ;  and 
it  was  by  an  order  in  council,  declared  that  these 
rules  were  made  under  authority  of  the  legislative 
ordinances  and  laws  of  the  province,  and  conse- 
quently that  neither  of  the  chief  justices,  nor  the 
courts  in  which  they  respectively  presided,  had 
exceeded  their  jurisdiction,  nor  been  guilty  of  any 
assumption  of  legislative  power. 


Mm' 


f  ■    ■  • 


'U 


•■Mil 


¥i.. 


,1 


I .  i, 


i    I'll' 


lt?15.] 


44 


The  charges  against  the  chief  justice  of  the  pro- 
vince, which  related  to  advice  alleged  to  have  been 
given  to  Sir  James  Henry  Craig,  were  altogether 
excluded  from  consideration,  because  the  admis- 
sion of  such  a  principle,  would  place  it  in  the 
power  of  a  governor  of  a  province,  to  divest  him- 
self of  all  responsibility  on  points  of  political  go- 
vernment. 

The  dismissal  of  the  complaints  was  published 
at  Quebec,  late  in  November,  by  the  circulation  of 
a  printed  pamphlet,  containing  a  copy  of  the  order 
in  council,  with  a  partial  correspondence  between 
Lords  Bathurst  and  Chetwynd,  and  the  chief  jus- 
tice of  Lower  Canada,  then  in  London.* 

The  sudden  termination  of  an  affair  in  which  the 
province  had  taken  a  lively  interest  created  a  gene- 
ral sensation,  and  it  was  surmised  that  the  assem- 
bly would  not  consider  any  acquittal  of  the  chief 
justices  as  satisfactory,  until  heard  in  support  of 
the  complaints.  Others  contended  that  the  deci- 
sion of  the  prince  regent  must  be  taken  by  the  as- 
sembly as  definitive,  and  that  to  call  it  in  question 
would  amount  to  a  high  contempt  of  the  imperial 
government,  and  the  royal  authority. 

The  legislature  met  on  the  26th  January.     On 
the  2d  February,  the  administrator  in  chief  sent  a 

*  See  Appendix,  B. 


m 


45 


[181.J. 


message  by  his  civil  secretary  to  the  house  of  as- 
sembly, which  was  read  at  the  bar,  acquainting 
that  body  with  the  dismissal  of  their  complaints 
against  the  chief  justices,  and  the  opinion  of  the 
prince  regent  relative  to  the  conduct  of  the  assem- 
bly in  impeaching  these  persons,  little  tlattering  to 
the  members,  who  had,  in  the  preceding  parlia- 
ment, supported  the  impeachments.* 

The  assembly,  indignant  at  the  fate  which  their 
complaints  had  received,  immediately  after  the 
messenger  had  retired  from  their  bar,  ordered  a 
call  of  the  house  for  the  J  4th  of  the  same  month. 
The  message  was  at  the  same  time  referred  to  a 
committee  of  the  whole,  and  it  was  unanimously 
resolved  that  the  house  would,  on  the  fourteenth, 
resolve  itself  into  a  general  committee  on  the  mes- 
sage. 

The  subject  was  on  the  fourteenth  referred  to 
the  consideration  of  a  special  committee  of  seven 
members,  to  whom  two  others  were  afterwards 
added,  with  directions  to  report  their  opinion  on 
the  most  expedient  manner  of  proceeding  on  the 
same.  On  the  twenty-third  this  committee  report- 
ed  .0  the  house,  that  having  maturely  deliberated 
upon  the  order  of  reference,  they  were  of  opinion 
that  the  matters  disclosed  in  his  excellency's  mes- 


'V  3 


*  Se2  Appendix,  G. 


!^ 


'■''.' 


m 


vW- 


Q 


\f. 


jj.,.  ,.. 


[1815. 


46 


sage,  would  render  necessary  an  humble  represen- 
tation and  petition  to  his  royal  highness  the  prince 
regent,  and  that  the  great  importance  of  the  mat- 
ters involved  in  the  said  message,  made  it  advise- 
able  that  the  wisdom  of  the  house  should  be  con- 
sulted, and  its  sense  taken  preparatory  to  such  re- 
presentation and  petition. 

On  the  twenty-fourth  the  assembly  accordingly 
came  to  some  resolutions  od  the  subject.  By  these 
were  expressed,  a  sense  of  the  public  duty  under 
which  the  house  had  acted  in  impeaching  the 
chief  justice  ;  its  opinions  of  the  right  of  the  com- 
mons of  Lower  Canada  to  be  heard,  and  of  hav- 
ing an  opportunity  of  adducing  evidence  in  sup- 
port of  their  charges ;  the  causes  which  had  pre- 
vented them  from  maintaining  those  charges;  their 
desire  of  having  an  opportunity  so  to  do;  and  final- 
ly, that  an  humble  representation  and  petition,  on 
behalf  of  the  commons  of  Lower  Canada,  to  his 
royal  highness  the  prince  regent  be  prepared,  ap- 
pealing to  the  justice  of  his  majesty's  government, 
and  praying  that  an  opportunity  might  be  afforded 
to  his  majesty's  most  dutiful  commons  of  Lower 
Canada,  to  be  heard  upon,  and  to  maintain  their 
complaints.*  A  special  committee  was  then  ap- 
pointed, for  preparing  an  humble  representation 

*  See  Appendix,  D. 


Hfi '  i 


47 


[iai5. 


and  petition,  in  conformity  with  the  la.     )f  these 
resolutions. 

Whether  Sir  Gordon  Drummond  was  impelled 
by  his  instructions  from  home,  to  resort  to  a  disso- 
lution in  the  event  that  the  assembly  should  re- 
sume this  subject,  or  whether  he  spontaneously  ex- 
ercised the  prerogative  on  the  occasion,  we  cannot 
with  certainty  assert.  On  the  twenty-sixth,  before 
any"  of  the  measn-^^s  which  had  been  resolr'^d 
were  brought  to  .  aturity,  his  arrival  at  the  coun- 
cil chamber  was  announced  by  a  discharge  of  ar- 
tillery. The  assembly  being  summoned  to  attend, 
he,  in  a  very  short  speech,  expressed  his  regret 
that  they  should  have  allowed  any  consideration  to 
overbear  the  respect  due  to  the  decision  of  his 
royal  highness  the  prince  regent,  and  announced 
his  determination  to  prorogue  the  present  parlia- 
ment, and  to  recur  to  the  sense  of  the  people  by 
an  immediate  dissolution. 

Several  subjects  of  the  utmost  importance  were 
before  the  assembly  in  this  session,  but  no  more 
than  a  single  act*  received  the  royal  sanction.  The 
expediency  of  having  an  agent  in  England  to  at- 
tend to  the  interests  of  the  province,  whenever  it 
might  be  requisite,  was  again  considered  ;  but,  the 
dissolution  prevented  a  perseverance  in  the  mea- 


m 


An  act  to  regulate  the  trial  of  controverted  elections,  &c. 


« 


f  i 


\\ 


1815.] 


48 


sure.  The  assembly,  in  pursuance  of  a  resolution 
made  in  the  last  session,  passed  a  bill  "to  appro- 
priate a  sum  of  money  therein  mentioned,  to  the 
purchase  of  a  service  of  plate  to  be  presented  to 
Sir  George  Prevost,  late  governor-in-chief  of  the 
province,  as  a  mark  of  respect  for  his  character, 
and  of  gratitude  for  the  services  which  he  had  ren- 
dered to  the  province."*  This  bill  being  sent 
up  for  the  concurrence  of  the  legislative  council, 
was  rejected  by  that  body. 

The  elections  for  the  new  assembly  took  place 
in  the  month  of  March,  and  few  alterations  in  the 
representation  were  made  throughout  the  province. 

In  the  meantime,  the  administrator  in  chief  re- 
ceived notification  of  the  appointment  of  Sir  John 
Coape  Sherbrooke,  to  the  chief  command  in  Bri- 
tish North  America;  and  on  the  twenty-first  day  of 
May  he  sailed  for  England,  having  on  the  day  of 
his  departure  received  a  valedictory  address  from 
the  citizens  of  Quebec.  The  temporary  admini- 
stration of  the  government  devolved  upon  Major- 
General  Wilson,  until  the  arrival  of  Sir  John  Coape 
Sherbrooke. 

The  merit  of  Sir  Gordon  Drummond,  in  defend- 
ing Upper  Canada  against  a  greatly  superior  force 
of  the  enemy,  stands  already  recorded,  and  justly 

*  The  sum  appropriated  by  the  bill  was  £5000. 


49 


[1815. 


entitles  him  to  an  exalted  station  among  the  sol- 
diers of  his  country.  The  shortness  and  untoward 
circumstanceswhich  accidentally  intervened  during 
his  reign  in  Lower  Canada,  place  his  civil  admini^ 
stration  in  a  less  favourable  light  than  might  reason- 
ably have  been  expected,  under  less  perplexing  oc- 
currences from  a  person  of  his  acknowledged 
worth.  His  popularity  somewhat  abated  after  he 
had  dissolved  the  assembly,  and  this  indeed,  al- 
though others  have  been  urged,  is  the  only  objec- 
tion raised  against  his  administration,  which  is 
susceptible  of  any  plausible  reasoning.  On  ex- 
amining the  pretensions  of  the  assembly,  they  will 
be  found  compatible  with  the  freedom  of  the  con- 
stitution, and  one  can  scarcely  avoid  thinking  that 
a  compromise  might  have  been  made  without  re- 
curring to  a  dissolution,  an  experiment  which  on 
former  occasions  had  been  tried  with  so  little  ad- 
vantage. On  the  merits  of  the  impeachments 
themselves  we  hazard  nothing,  but  as  they  profess- 
ed to  be  the  grievances  and  complaints  of  an  entire 
province  acting  by  its  representatives,  it  seems  but 
reasonable  that  a  hearing  should  have  been  grant- 
ed, and  the  s"bject  maturely  discussed  in  the  pre- 
sence of  all  the  parties  concerned,  or  of  their  ac- 
credited agents.  The  legislative  council  having 
denied  the  right  of  the  assembly  to  impeach,  had 
therefore  refused  its  assent  to  a  money  appropria- 


"> 


'.'  fi. 


f-'a 


>! 


if 


i4 


i]l  ■ 


/V.'-I 


I  .        i  . 


,!'•  I'i, 


I:;;".;  1 


f  , : 


1815.] 


M 


tion  for  the  mission  of  an  agent  to  England  on  be- 
half of  the  commons  of  Lower  Canada.  The  go- 
vernment at  home  could  not  have  been  acquainted 
with  the  controversy  which  existed  on  this  subject 
between  these  two  branches  of  the  colonial  legis- 
lature, and  might,  therefore,  easily  have  accounted 
for  the  absence  of  an  accredited  agent  to  urge  the 
pretensions  of  the  assembly.  Had  a  formal  deci- 
sion on  the  right  asserted  by  that  body,  of  im- 
peaching persons  in  office,  suspected  of  high 
crimes  and  misdemeanors,  been  pronounced,  and 
a  subsequent  hearing  of  all  parties  ensued,  after  a 
reasonable  delay  and  notification  to  that  effect, 
whatever  might  have  been  the  result  of  the  com- 
plaints in  question,  the  government  by  this  course 
of  procedure  would  have  afforded  a  valuable  in- 
stance of  its  disposition  to  attend  to  the  real  or 
imaginary  grievances  of  the  colony,  which,  in  such 
a  case,  could  not  but  have  been  satisfied  with  the 
justice  of  the  former.  In  justification,  however, 
of  the  conduct  of  the  administrator  in  chief,  whose 
disposition  has  universally  been  acknowledged  as 
easy  and  conciliating,  it  may  very  fairly  be  infer- 
red, that  his  instructions  on  the  present  occasion 
were  such  as  to  leave  him  no  discretionary  means 
of  compromising  the  subject  with  the  assembly. 
The  wisdom  of  these  instructions  (if  any  such  were 
given),  we  are  not  at  all  disposed  to  call  in  ques- 


51 


[1815. 


tion,  for  although  some  dissatisfaction  may  have 
resulted  from  them,  it  would  be  rash  to  decide 
where  opinions  are  widely  divided,  and  where  a 
government  is  concerned  whose  decisions  even  in 
error  are  respectable;  whose  honour  is  proverbial 
among  the  nations,  and  will  prove,  wc  trust,  as 
durable  as  the  world  itself. 


r 


m 


m 


•Fit- 
i! ! 


Jt  ■' 


u 


[1816. 


52 


if,,  i 

i  '      ! 


Sir  John  Coape  Sherbrooke  arrived  at  Quebec 
on  the  12th  July,  1816,  from  Halifax,  Nova  Scotia, 
where  his  administration  had  given  universal  satis- 
faction. This  officer,  from  his  residence  in  that 
colony,  must  not  have  been  unacquainted  vi^ith  the 
public  affairs  in  Canada,  an  advantage  of  which 
he  judiciously  availed  himself  by  adopting  a  line 
of  policy  suited  to  the  complexion  of  the  times. 
Easy  of  access  to  all  men,  frank  towards  those 
who  came  to  him  on  public  business,  diligent  and 
earnest  in  the  accomplishment  of  those  purposes 
which  he  considered  as  essential  to  the  welfare  of 
the  province,  he  won  the  coi  (idence  of  the  people, 
from  whom,  in  the  course  of  his  administration,  he 
experienced  no  opposition,  as  he  adopted  no  mea- 
sures that  wore  the  appearance  of  mystery,  ad- 
hered to  no  party,  nor  entertained  any  policy  that 
was  not  obviously  calculated  for  the  advancement 
of  the  public  welfare. 

The  first  act  of  his  administration  of  any  import, 
was  that  of  a  benevolent  mind.  Owing  to  the 
failure  of  the  harvest  in  the  lower  parts  of  the 
district  of  Quebec,  by  early  frosts,  several  of  the 
parishes  were  threatened  with  famine.  The  go- 
vernor, upon  his  own  responsibility,  threw  open 
the  king^s  stores,  and  advanced  a  very  considera- 
ble sum  of  money  for  the  purchase  of  such  supplies 


W).  .a 


5$ 


[1816. 


as  were  not  in  store.  Provisions  were  forwarded 
before  the  commencement  of  winter  to  the  distress- 
ed parishes,  which  by  this  seasonable  relief,  were 
reserved  from  the  horrors  of  impending  hunger. 

The  legislature  met  earlier  in  the  season  than 
usual,  and  the  governor  called  their  immediate  at- 
tention to  this  subject,  recommending  such  further 
measures  as  the  nature  of  the  evil  complained  of 
might  require. 

Engaged  in  this  and  other  concerns  of  moment, 
the  assembly  postponed  the  consideration  of  the 
impeachments  until  towards  the  close  of  the  ses- 
sion. A  reluctance  to  enter  upon  this  subject  was 
indeed  visible  from  the  commencement,  probably 
from  a  persuasion  prevalent  among  the  members, 
that  the  peremptory  nature  of  tiie  governor's  in- 
structions were  such,  as  to  leave  him  no  discre- 
tionary power  in  case  the  assembly  should  resume 
the  question. 

A  judge  of  the  court  of  king's  bench  for  the  dis- 
trict of  Montreal,  was  impeached  in  this  session 
by  Mr.  Cuvillier,  for  divers  alleged  high  crimes  and 
misdemeanors,  committed  in  his  official  capacity. 
The  assembly,  after  instituting  an  inquiry  into  the 
grounds  upon  which  the  charges  preferred  against 
him  were  laid,  adopted  certain  resolutions,  and 
drew  up  an  address  to  the  prince  regent,  which, 
together  with  the  articles  of  complaint,  they  re- 


f. 


'? 


% 


I 


^i., 


nV: 


'U 


r  '  1-1 


i-";! 


ij^i'i 


!■:( 


it 


[1816. 


iri 


quested    the    governor  to  transmit  to  his    royal 
highness.     The  house  also  requested  the  governor 
to  suspend  the  accused  from  his  functions  vrhile 
the  charges  were  pending  against  him.     His  exeel- 
lency,  on  receiving  the  address  of  the  assembly,  in- 
formed them  that  he  would  not  fail  to  transmit 
their  address,  with  the  articles  of  complaint,  and 
the  documents  accompanying   the   same,  to  the 
prince  regent.     He  also  acquainted  them  that  ha- 
ving previously  perused  the  evidence  adduced  in 
the  course  of  the  investigation,  he  had  already 
communicated  to  the  judge  in  question,  his  desire 
that  he  should  abstain  from  the  exercise  of  his  ju- 
dicial functions,   until   the   determination  of  the 
prince  regent,  with  respect  to  any  further  proceed- 
ings on  the  accusations,  should  be  made  known. 
By  this  prudent  anticipation  of  the  desires  of  the 
house   of  assembly,    the  governor  gratified    that 
body,  without  in  the  least  compromitting  the  pre- 
tensions of  the  legislative  council,  who  still,  as  on 
•d  former  occasion,  denied  the  right  of  the  assembly 
to  impeach*  without  their  concurrence. 

The  proceedings  of  the  assembly  being  commu- 
nicated hy  message  to  the  legislative  council,  this 
body  came  to  certain  resolutions,  and  framed  an 
address  in  like  manner  to  the  regent,  stating  that 

*  See  Appendix,  E. 


■.  t 


55 


[1816. 


governor 


they  had  in  no  wise  participated  in  the  charges 
preferred  against  the  judge,  and  remonstrated 
against  the  right  of  the  assembly  to  impeach,  which 
they  observed  would  thenceforth,  if  admitted, 
place  every  public  officer  at  the  mercy  of  the  as- 
sembly, and  thereby  disqualify  them  from  a  faith- 
ful and  indepeiiaent  discharge  of  official  duty ; 
they  therefore  besought  his  royal  highness  not  to 
inflict  any  punishment  on  the  accused  until  the 
articles  of  complaint  should  have  been  submitted 
to,  and  met  with  their  coficurrence,  or  until  such 
articles  of  complaint,  in  the  event  that  their  con- 
currence should  not  be  deemed  necessary,  should 
be  heard  and  determined  by  them  under  such  com- 
mission as  his  roy&i  highness  should  see  fit  to  issue 
for  that  purpose. 

These  proceedings  were  communicated  by  mes- 
sage to  the  house  of  assembly,  where,  in  reply  to 
them,  it  was  resolved,  "  That  the  claims  of  the  le- 
gislative council  touching  the  complaints  brought 
by  the  assembly,  were  not  founded  on  the  constitu- 
tional law,  or  any  analogy  thereto ;  that  they  tended 
to  prevent  offenders  out  of  the  reach  of  the  ordi- 
nary tribunals  of  the  country  from  being  brought  to 
justice,  and  to  maintain,  perpetuate,  and  encourage 
an  arbitrary,  illegal,  tyrannical,  and  oppressive 
power  over  the  people  of  the  province." 

A  petition  was  presented  to  the  assembly  from 


st|i 


£'■? 


»!; 


[1816- 


56 


m 


^r\ 


7A 


the  orphan  children  of  the  late  Francois  Corbeil, 
who  had  died  in  consequence  of  his  imprisonment 
at  Montreal,  during  the  administration  of  Sir  James 
Henry  Craig,  principally  complaining  against  the 
chief  justice  of  the  district  of  Montreal,  in  issuing 
a  warrant  for  the  imprisonment  of  their  deceabed 
father,  and  praying  the  assembly  to  adopt  such 
measures  thereupon  as  might  appear  proper. 

Another  petition  concen^ing  the  conduct  of  the 
same  gentleman,  towards  a  member  of  the  assem- 
bly (Mr.  Sherwood)  was  also  presented.  Some 
time  after  the  appearance  in  print  ol  the  letters, 
and  order  in  council,  which  we  have  already  had 
occasion  to  mention,  relative  to  the  dismissal  of 
the  complaints  against  the  chief  justices,  a  printed 
travesty,  turning  these  into  burlesque,  was  circula- 
ted. A  groundless  suspicion  that  Sir  S.  was  the 
author,  obtained  some  credit,  and  that  gentleman, 
who  by  his  sturdy  opposition  to  certain  measures 
in  the  legislature,  where  he  recently  had  obtained 
a  seat,  had  become  obnoxious  to  a  party,  was 
singled  out  for  a  criminal  prosecution  for  a  libel 
upon  the  king's  government.  The  chief  justice  of 
Montreal  had,  during  the  time  that  the  court  of 
king's  bench  for  criminal  pleas  ought  to  have  sat 
in  that  city,  absented  himself  while  attending  the 
legislative  council,  where  the  assembly  in  the  pre- 
ceding session  were  expected  to  resume  the  con- 


:,:  ;ii 


57 


[1816. 


sideration  of  the  complaints  in  which  he  was  per- 
sonally concerned.     As  the  court  of  king^s  bench 
could  not  legally  be  held  without  his  presence,  the 
term  was  lost.     To  obviate  this  inconvenience,  a 
commission  of  oyer  and  terminer  for  the  district  of 
Montreal  was  issued  after  the  dissolution  of  the 
parliament.     The  chief  justice  presided  in  that 
court  where  a  bill  of  indictment  for  a  libel  upon  his 
majesty's  government  was  found  against  Mr.  Sher- 
wood.    It  was  with  a  view  of  exposing  and  seeking 
redress  for  the  proceedings  connected  with  this 
prosecution,  that  the  present  petition  was  laid  be- 
fore the  house.     The  conduct  of  the  chief  justice, 
in  absenting  himself  from  his  official  duties,  and 
thereby  causing  the  laws  of  the  land  to  be  sus- 
pended and  dispensed  with,  contrary  to  the  bill  of 
rights,  were  complained  of.     The  grand  jury,  who 
had  found  this  bill  of  indictment,  instead  of  being 
summoned  from  the  body  of  the  district,  had,  as  it 
was  asserted,  been  packed  from  the  city  of  Mon- 
treal.    They  were  represented  as  partisans  and 
persons  inclined  to  second  the  measures  of  the 
chief  justice,  whose  conduct  in   the  present  in- 
stance, while  presiding  in  his  court,  was  placed  m 
an  unfavourable  Ifght.     The  petition  was  referred 
to  a  special  committee  of  five  members,  who  imme- 
diately instituted  an  inquiry  into  the  subject.    The 
chief  justice,  in  the  mean  time,  hearing  of  this  new 


'"  '(ill 


m 


I!;- 


! 


il-.v 


■■  ■■/I 


l.'^'l 


,  ; "  ,   r. 


^11 


[1816. 


58 


complaint  against  him  before  the  assembly,  wrote 
a  letter  concerning  it  to  the  governor  in  chief, 
which  his  excellency  transmitted  to  the  speaker, 
hy  whom  it  was  submitted  to  the  house,  where  it 
was  received  with  disregard.*  The  committee 
made  some  progress  in  the  inquiry,  but  from  the 
unusual  pressure  of  business  in  this  session,  it  was 
found  impossible  to  complete  it,  and  leave  'vas 
therefore  given  to  continue  the  subject  until  the 
ensuing  session. 

Soon  after  the  governor's  arrival  at  Quebec,  a 
bill,  granting  a  salary  to  the  speaker  of  the  assem- 
bly, passed  on  the  25th  March,  1815,  received, 
after  upwards  of  a  year's  delay,  the  royal  sanction. 
By  this  act  a  salary  for  the  speaker  of  the  existing 
assembly  only,  which  expired  with  that  session, 
was  provided. 

On  the  eleventh  of  March,  the  assembly  pre- 
aented  addresses  to  the  governor,  requesting  that 

*  For  this  document  see  Appendix.  This  letter  was  proba- 
bly intended  as  a  confidential  communication  with  the  governor. 
That  officer,  averse  to  every  thing  like  underhand  dealing, 
openly  communicated  its  contents  to  the  assembly,  who,  from 
this  circumstance,  were  convinced  of  his  determination  to  act 
with  candour  and  justice,  whatever  might  be  the  intrigues  of 
party;  and  from  thenceforth  placed  the  strongest  confidence 
in  the  prudence  of  his  administration,  and  cheerfully  co-ope- 
rated with  his  measures. 


59  [1816. 

his  excellency  would  allow  their  speaker,  during 
that  parliament,  such  adequate  salary  as  might  be 
though  suitable  to  the  dignity  of  his  office,  and 
that  he  would  also  be  pleased  to  confer  some  sig- 
nal mark  of  the  royal  favour  on  the  widow  of  Mr. 
Punet,  the  late  speaker,  in  testimony  of  his  ser- 
vices as  such,  during  twenty  years  and  upwards, 
without  any  recompense  or  remuneration.  To  the 
former  of  these  addresses  the  governor  made  an- 
swer, that  "  the  legislative  council  having,  by  their 
address  of  the  4th  of  March,  1815,  stated  that 
that  house  was  impressed  with  the  expediency  of 
remunerating  their  speaker,  also  by  an  annual  sala- 
ry, for  the  arduous  and  important  duties  attached 
to  his  high  office,  and  having  prayed  that  such 
measures  might  be  adopted  for  that  purpose  as 
should  seem  meet,  he  should  readily  comply  with 
the  wishes  of  the  assembly,  and  make  an  adequate 
and  proper  remuneration  for  the  services  and  du- 
ties of  the  speaker  of  that  house  from  the  com- 
mencement of  that  parliament  to  the  end  thereof, 
upon  being  enabled  to  make  a  similar  provision 
for  the  speaker  of  the  legislative  council  for  the 
same  period."  In  answer  to  the  latter,  he  ac- 
quainted them,  that  in  compliance  with  their  re- 
quest, and  in  consideration  of  the  sense  he  enter- 
tained for  the  long  service  and  great  merit  of  the 
late  speaker,  he  had,  in  his  majesty's  behalf,  con- 


w 


'a 

'I 


! 


i  •  . 


1'^  •■ 


U.,    tH* 


tV^if 


I 
I 


1816.] 


(30 


ferred  an  annuity  on  his  widow  of  three  hundred 
pounds  currency  during  her  life. 

The  assembly  could  not  reasonably  withhold 
from  the  speaker  of  the  upper  house,  the  advan- 
tages which  they  intended  to  confer  on  their  own. 
They,  therefore,  resolved  to  make  good  the  sums 
which  the  governor  might  cause  to  be  expended 
for  the  payment  of  the  salary  of  the  speaker  of 
the  legislative  council.  This  resolution  being  for- 
mally communicated  to  the  governor,  he  sent  a 
message  to  the  assembly  to  inform  them  that,  in 
consequence  of  their  addresses,  he  had  conferred, 
on  the  speak'^rs  of  both  houses,  an  annual  salary 
of  one  thousand  pounds  from  the  commencement 
until  the  conclusion  of  that  parliament. 

Fourteen  thousand  two  hundred  and  sixteen 
pounds  were  granted  to  make  good  the  advances 
which  the  governor  had  made  for  the  relief  of  the 
parishes  in  distress  from  the  failure  of  the  late 
harvest.  The  further  sum  of  fifteen  thousand  five 
hundred  pounds  were  advr.nced  for  the  same  pur- 
pose. Twenty  thousand  pounds  were  granted  for 
the  purchase  of  seed  wheat,  and  other  grain,  and 
potatoes,  for  the  more  indigent  husbandmen,  on 
their  giving  security  to  repay  the  amount  advanced. 
Fifty-five  thousand  f  ^unds  were  appropriated  for 
the  improvement  of  the  internal  communications 
of  the  province,  and  two  thousand  two  hundred 


61 


[181G. 


ir  own. 


and  fifty  pounds  were  granted  for  the  promotion  of 
vaccine  inoculation.  Various  annual  acts  which 
had  expired,  owing  to  the  late  dissolution  of  the 
provincial  parliament,  were  now  renewed. 

After  these  affairs  had  been  despatched,  Mr. 
Jpmes  Stuart  again  brought  forward  the  considera- 
tion of  adopting  further  measures  with  respect  to 
the  impeachments.  He  maintained  the  right  of 
the  commons  of  Lower  Canada  to  petition  the  re- 
gent on  the  decision  which  had  been  given,  and 
respectfully  to  remonstrate  upon  the  wrongs  which 
the  province  might  ultimately  experience  in  con- 
sequence of  it.  Though  his  reasoning  on  the  sub- 
ject was  sound  and  irresistible,  the  members,  at 
once,  fatigued  with  the  labours  of  the  session,  and 
disgusted  with  the  late  dissolution,  and  the  hourly 
reports  that  a  similar  event  would  ensue,  should 
any  resolution  tending  to  revive  the  question  be 
adopted,  were  desirous  of  leaving  it  at  rest  until 
the  ensuing  sessioij,  in  the  expectation  that  some 
measures  would  in  the  meantime  be  adopted  by 
the  government  to  appease  the  public  ferment. 
The  consideration  of  the  subject  was,  therefore, 
postponed  by  a  great  majority  of  votes  u\\i}\  the 
following  session.  It  was  not,  however,  rasumed 
as  proposed  in  that  session,  and  there  is  cause  to 
suspect  that  the  present  course  was  purposely 
adopted  as  the  easiest  mode  of  totally  relinquish- 


:^K 


k 

4 


1817.] 


62 


kttk 


iiig  the  oubject.     On  the  twenty-second  of  March 
the  provincial  parUament  was  prorogued. 

The  liberal  supplies  which  the  assembly  had 
laid  at  the  disposal  of  the  governor,  enabled  him 
to  direct  his  attention  with  effect  to  the  improve- 
ment of  the  colony,  and  soaie  new  roads  were 
opened  through  the  unsettled  parts  of  Lower  Ca- 
nada, the  most  susceptible  of  immediate  establish- 
ments. 

From  the  prorogation  to  the  ensuing  session  no 
incident  of  any  moment  occurred.  The  governor, 
in  opening  the  session,  recommended  to  the  con- 
sideration of  the  legislature,  the  propriety  of  hold- 
ing out  somr  inducement  to  a  few  good  farmers 
and  labourers  to  settle  in  the  province,  for  the  pur- 
pose of  introducing,  by  their  example,  a  more  im- 
proved system  of  agriculture.  He  also  informed 
the  house  of  assembly,  that  he  had  received  the 
commands  of  his  royal  highness  the  prince  regent 
to  call  upon  the  legislature  to  vote  the  sums  neces- 
sary for  the  ordinary  annual  expenditure  of  the 
province;  that  in  pursuance  of  these  directions 
from  his  majesty's  government,  he  would  order  to 
be  laid  befoi  8  them  an  estimate  of  the  sums  which 
would  be  necessary  to  defray  the  expense  of  the 
civil  government  of  the  province  for  the  year  1818, 
and  that  he  anticipated  a  ready  execution  of  the 
offer,  which  they  (the  assembly)  had  made  on  a 


^1 

5 


63  ^  [Um, 

former  occasion,  to  defray  the  expenses  of  Lis  ma- 
jesty's provincial  government,  with  a  liberality 
that  did  them  honour. 

This  information  was  received  by  the  public 
with  much  gratification,  as  it  gave  to  the  assembly 
that  weight  in  the  colonial  constitution  which  pro- 
perly belonged  to  it,  and  the  seeking  whereof  had, 
in  1810,  created  so  much  heat  and  animadversion. 
The  event  was,  however,  as  might  be  expected, 
received  with  far  other  sensations  by  those  who, 
heretofore,  had  controlled  tl  e  public  concerns  of 
the  province.  These,  ft  cm  a  state  of  supreme  pow- 
er, were  by  the  new  order  of  things  to  descend  to 
a  level  with  the  common  class  of  their  fellow  sub- 
jects, if  not  into  a  state  something  verging  upon 
dependence. 

Before  the  public  accounts  and  estimates  were 
sent  down  to  the  assembly,  ihe  governor  was  at- 
tacked with  a  paralytic  stroke,  which  deprived 
him  of  the  use  of  his  left  side.  This  untoward  cir- 
cumstance opened  a  glimmering  of  hope  to  those 
whose  interests  were  likely  to  be  affected,  and  who 
were  therefore  averse  to  the  measure  which  the 
British  government  had  recently  adopted,  in  charg- 
ing the  province  with  the  payment  of  its  own  civil 
list.  If  by  any  means  a  prorogation  of  the  session 
could  have  been  brought  about,  before  the  esti- 
mates were  submitted  to  the  assembly,  and  that 


:J 


.1 


».'ii 


M 


/T(*l 


I' ■.»■;. 


i- 


8'Ki 


iii;<!.3 


isiy.j 


64 


body,  by  making  an  adequate  appropriation  for  the 
purpose,  were  put  in  full  possession  of  the  civil  list, 
there  would  still  remain  a  possibility  that  the 
government  at  home,  upon  a  strong  remonstrance, 
would  be  induced  to  alter  its  opinion,  and  recall  the 
measure  now  proposed  to  the  assembly.  The 
governor's  life  was  therefore  whispered  to  be  in 
imminent  danger,  or  at  least  that  his  illness  was 
such,  as  to  render  him  incapable  of  attending  to 
public  business,  and  that  a  prorogation  must  neces- 
sarily ensue.  An  inquiry  even  is  said  to  have 
been  secretly  instituted  in  a  certain  quarter  for  the 
purpose  of  establishing  his  inability  to  continue  in 
the  exercise  of  the  government  of  the  province, 
and  to  adopt  measures  accordingly.  These  pro- 
ceedings were  however  accidentally  discovered, 
and  a  proposed  public  inquiry  into  the  state  of  the 
governor's  health,  in  the  assembly,  and  an  inquiry 
actually  commenced  on  that  subject,  in  the  upper 
house,  put  an  end  to  the  plot. 

Atiter  two  or  three  days  of  adjournments,  from  a 
sense  of  deference  towards  the  governor,  it  was 
ascertained  that  his  present  infirmity  had  not  im- 
paired his  faculties,  and  business  proceeded  a!s 
usual. 

The  estimates  for  the  civil  list  were  sent  to  the 
assembly  at  an  advanced  period  of  the  session,  and 
amounted  to  the  sum  of  £73,646  8*.  9d.  currency 


w 


65 


[1818. 


ot  Lower  Canada,  for  the  payment  whereof,  the 
funds  already  by  law  provided,  amounted,  at  an 
average  for  the  last  three  years,  to  the  sum  of 
£33,383,  leaving  a  balance  of  £40,263  8s.  9d,  to 
be  provided  for.  After  debates  on  the  subject, 
during  the  greater  part  of  seven  days,  the  assem- 
bly came  to  a  resolution  that  the  sum  required 
should  be  appropriated  for  the  civil  list,  but  owing 
to  the  late  period  of  the  session  at  which  the  mat- 
ter had  been  discussed,  the  house  postponed  the 
further  consideration  of  it,  until  the  next  meeting 
of  the  legislature,  without  passing  a  bill  of  appropri- 
ation for  the  present. 

The  legislative  council  had,  at  the  recommenda- 
tion of  the  governor,  been  recently  augmented  in 
number,  by  the  addition  of  several  new  members. 
This  body,  notwithstanding  the  dissatisfaction  it 
had  evinced  at  the  pretensions  recently  asi:\»med 
by  the  lower  house,  with  respect  to  impeachments, 
on  learning  the  determination  of  the  prince  regent 
concerning  the  accusation  preferred,  last  session, 
against  one  of  the  judges  at  Montreal,  suddenly 
became   eager  advocates  for  the  doctrine.    His 
royal  highness  had  decided  that  in  this,  and   all 
similar  cases  of  impeachment  by  the  assembly,  the 
adjudication  of  the  charges  preferred  against  the 
party   accused  should   be  left  to  the  legislative 

council.    The  acquisition  of  so  important  a  privi- 

9 


i 


:  ?S 


n 

i 


■n 


w. 


/ 


r- 


t .'; 


;  ;Vf' 


1818.] 


66 


lege  as  that  of  sitting  in  judgment  on  the  com- 
plaints of  the  commons  of  Lower  Canada  in  cases 
of  impeachmf^nt,  raised  the  dignity  of  the  legisla- 
tive council  in  the  same  ratio,  as  the  right  now  con- 
firmed to  the  assembly,  had  confirmed  the  power 
of  this  body,  and  bals^iced  these  two  branches  of 
the  legislature  with  corresponding  weights.  Al- 
though by  the  instructions  which  the  governor  had 
received  from  home,  this  principle  was  settled, 
yet,  the  manner  in  which  it  was  to  be  carried  into 
effect,  had  not  been  explained.  He  had,  there- 
fore, been  under  the  necessity  of  recurring  to  his 
majesty's  government  for  further  instructions  in 
this  respect.  The  substance  of  the  information 
soiight  for,  was  to  ascertain  whether  the  legislative 
council  was  to  take  cognizance  of  impeachments 
by  the  commons,  in  virtue  of  a  special  commis- 
sion, to  be  issued  for  the  occasion,  or  whether  it 
were  to  exe|cise  that  authority  as  a  privilege  in- 
herent in  the  upper  house  from  the  nature  of  the 
constitution,  and  by  the  analogy  it  bore  with  the 
house  of  lords  in  Great  Britain.  The  governor 
had  not  thought  it  expedient  to  communicate  the 
instructions  he  had  received  to  the  two  branches 
of  the  legislature,  until  it  should  be  in  his  power 
to  lay  before  them  the  full  and  definitive  intention 
of  the  king's  government  on  the  subject.  A  re- 
port of  the  resolution  which  his  excellency  had  » 


67 


[1818. 


pursued,  having  gone  abroad,  such  members  of 
the  upper  house  as  entertained  lofty  notions  of 
the  inherent  privileges  of  that  body,  showed  a 
disposition  to  call  in  question  the  propriety  of  the 
governor's  conduct,  and  that  of  his  advisers,  in  a 
matter  which  they  maintained  concerned  the  pri- 
vileges of  the  legislative  council,  and,  therefore, 
only  to  be  settled  by  itself.  Others,  cf  more  mode- 
rate pretensions,  denied  the  doctrine  of  inherent 
privileges  in  the  upper  house,  to  decide  upon  the 
complaints  of  the  commons;  a  right  which,  they 
said,  far  from  being  inherent,  had,  in  the  present 
instance,  manifestly  emanated  from  the  crown, 
from  which  it  was  indispensably  requisite  that  some 
instrument  should  be  furnished  before  they  could 
constitutionally  and  legally  proceed  on  the  trial  of 
the  accused.  In  the  lower  house  an  opinion  was 
prevalent,  that  to  enable  the  legislative  council  to 
proceed  upon  the  impeachment  in  question,  an  act 
of  the  provincial  legislature  for  that  purpose  was 
indispensable.  Some  warm  debates,  on  a  motion 
in  the  upper  house  for  an  address  to  the  governor 
to  request  information  on  what  had  been  done  re- 
lative to  the  last  impeachment,  took  place.  His 
excellency,  therefore,  to  satisfy  both  branches  of 
the  legislature,  sent  a  message  to  them,  informing 
them  of  the  steps  he  had  thought  it  expedient  to 
adopt  on  the  subject.     This  official  communica- 


h 


■M 


m 


■  .,1! 


I*' 


ill 


i  ■),: 


n^ 


1818.] 


68 


tion,  far  from  satisfying  those  who  had  agitated  the 
question  in  the  legislative  council,  afforded  a 
ground-work  upon  which  subsequent  proceedings 
were  intended  to  be  raised;  but  a  prudent  regard 
for  the  actual  state  of  the  governor's  health,  in- 
duced the  movers  of  the  proposed  address  to  re- 
linquish the  matter  for  the  present. 

Among  the  concerns  which  occupied  the  house 
of  assembly,  was  an  inquiry,  instituted  by  Mr.  Cu- 
villier,  into  the  administrati'^n  of  justice  in  the 
court  of  vice  admiralty,  which  was  not  brought  to 
a  close  in  this  session,  owing  to  the  great  pressure 
of  business  which  required  immediate  despatch. 

The  more  important  acts  passed  during  this  ses- 
sion were,  an  act  for  opening  a  navigable  canal 
from  Saint  John's  to  Chambly,  on  the  river  Riche- 
lieu ;  'an  act  for  the  cicouragement  of  agriculture; 
another  to  authorize  ^he  appointment  of  commis- 
sioners for  the  improvc'ment  of  the  communication 
by  water  with  Upper  Canada;  and  another  to 
establish  watches  and  night  lights  in  the  cities  of 
Quebec  and  Montreal.  A  bill  incorporating  a 
bank  in  the  city  of  Montreal  was  passed  by  the 
lower  and  upper  houses,  but  it  was  reserved  for 
the  royal  consideration. 

On  the  first  of  April,  the  public  business  being 
concluded,  the  legislative  council  and  assembly 
went  up  to  the  castle  of  Lewis  (the  governor  be- 


:i  :'^'l 


69 


[1818. 


ing  still  from  illness  incapable  of  attending  at  the 
council  chamber  with  the  usual  solemnities)  where 
such  bills  as  were  ready,  received,  with  the  excep- 
tion above  mentioned,  the  royal  sanction,  and  his 
excellency  prorogued  the  parliament^  with  ac- 
knowledgments for  the  attention  and  diligence 
with  which  the  public  business  had  been  des- 
patched. 

The  governor  had  requested  leave  to  retire 
from  the  government  of  the  province  on  account 
of  his  declining  state  of  health,  and  he  was  re- 
placed by  his  grace  the  duke  of  Richmond,  whose 
appointment  was  known  at  Quebec  early  in  the 
summer.  This  nobleman,  accordingly,  left  Eng- 
land for  Quebec,  where  he  arrived  on  the  29th 
July,  in  his  majesty^s  ship  Iphigenia,  on  board  of 
which  Sir  John  Coape  Sherbrooke  embarked  for 
England  on  the  12th  August,  having,  on  the  eve  of 
his  departure,  received  the  most  affectionate  fare- 
well addresses  from  the  citizens  of  Quebec,  Mon- 
treal, and  Three  Rivers,  as  well  as  from  the  mem- 
bers of  the  legislative  and  executive  councils. 

In  reviewing  tliis  administration,  few  observa- 
tions occur  to  us  that  are  not  obvious  to  the  reader 
on  a  perusal  of  the  preceding  pages.  That  he  as- 
sumed the  government  of  Lower  Canada  when  the 
nicest  management  was  necessary  to  heal  the  divi- 
sions which  recent  events  were  on  the  point  of 


.■  \ 

■a  I 


■y 


m 


m 


:■■  m' 


V.  4 


1818.] 


70 


producing,  will  be  as  readily  admitted  as  that  the 
prudenc;e  of  his  measures  appeased  the  ferment 
which  then  began  to  agitate  the  public  mind. 
Prompted  by  the  most  liberal  principles,  and  supe- 
rior to  the  local  prejudices  which  too  frequently 
predominate  in  colonial  politics,  he  gave  a  free 
scope  to  the  growing  energies  of  the  constitution 
of  the  province,  and  imparted  to  it  that  character 
which  the  British  government  must,  by  conferring 
it,  have  intended  the  province  to  enjoy.  Those 
pretensions,  which  a  few  years  before  had  em- 
broiled the  executive  with  the  assembly,  were  now 
gratuitously  yielded  to  the  latter,  and  the  constitu- 
tion of  the  colony  made  more  progress  in  the  ac- 
quisition of  solid  advantages  during  this  admini- 
stration, than  it  had  previously  gained  since  its 
establishment.  The  accession  of  talents  and  libe- 
ral sentiment  acquired  by  the  legislative  council 
from  his  appointments  to  that  body,  amply  com- 
pensated for  the  casual  deficiencies  of  wealth  and 
local  influence,  those  essential  ingredients,  pecu- 
liarly to  be  expected  in  this  second  branch  of  the 
constitution,  and  without  which  it  cannot  long 
maintain  its  weight  in  the  direction  of  public  af- 
fairs. Such  was  the  wisdom  with  which  he  ruled 
the  province,  and  the  confidence  which  the  peo- 
ple reposed  in  his  probity,  that  with  the  disposi- 
tion to  turn  to  their  disadvantage,  that  authority 


71 


[1818. 


which,  incontestably,  he  exercised  for  their  benefit, 
he  would  have  been  a  more  powerful  and  absolute 
ruler  in  the  cabinet  than  he  who  boldly  resorts  to 
violence  in  support  of  his  measures.  That  trifling 
errors  may  have  been  occasionally  committed  is 
but  natural  to  suppose;  but  we  know  of  none 
which  upon  the  slightest  remonstrance  he  would 
not  readily  have  repaired,  and  which  are  not  com- 
pensated by  a  multitude  of  virtuous  actions.  In 
fine  the  administration  of  Sir  John  Coape  Sher- 
brooke,  in  the  British  North  American  colonies, 
will  be  considered  as  that  of  an  upright  and  disin- 
terested Englishman,  whose  name,  while  merit 
continues  to  be  respected,  will  be  remembered 
with  esteem. 


;U 


II.-* 


■;i 


mi 


Si^lfitS 


yiii 


APPENDIX. 


(A.) 


Legislative  Council, 

Wednesda^^  2d  March,  1814. 

Resolved,  That  by  the  criminal  Law  of  England 
and  of  this  province,  no  man  can  be  charged  with, 
or  impeached  of  any  crime  or  criminal  offence, 
but  by  an  inquest  of  the  irountiy,  the  cases  except- 
ed in  which  an  information  on  the  part  of  the 
crown  may  be  filed. 

Resolved,  That  the  lawful  inquest  of  every 
county,  district  or  government,  by  whose  ministry 
any  subject  of  his  majesty  is  charged  with,  or  im- 
peached of  any  crime  or  criminal  offence,  how- 
ever chosen  or  appointed,  represents,  for  the  pur- 
pose of  such  charge  or  impeachment,  the  entire 
community  of  the  people  of  the  county,  district  or 
government,  in  which  such  subject  is  so  charged 
or  impeached,  and  acts  on  their  behalf,  and  in 
their  right. 

Resolved,  That  the  right  to  charge  or  impeach 
any  officer  or  officers  of  his  majesty's  government 
in  this  province,  with  or  for  any  crime  or  crimirjail 


.;»■ 


I 


■■(■ 


m 


V 


I 


^ 


I' 


r.  ^- 


W 1 ' 


71 

offence  or  misdemeanor  in  office,  (if  any  such 
right  exists  in  this  province,)  is  by  law  vested  in 
the  entire  community  of  the  people  of  this  pro- 
vince. 

Resolved,  That  the  right  to  charge  or  impeach  an 
officer  or  officers  of  his  majesty's  government  in 
this  fovince,  with  or  for  any  crime  or  criminal 
cflT  3e,  or  misdemeanor  in  office,  doth  not  vest, 
110!  <  .i.!  be  vested  in  any  one  part  of  the  people  of 
this  provai.'e,  more  than  in  another,  but  is  vested 
in  the  whole  collectively,  generally  and  equally. 

Resolved,  That  since  the  right  to  impeach  any 
officer  or  officers  of  his  majesty's  government  in 
this  province,  with  or  for  any  crime,  criminal  of- 
fence or  misdemeanor  in  office,  doth  not  vest  in 
any  one  part  of  the  people  of  this  province  more 
than  in  another,  but  is  vested  in  the  whole  collec- 
tively, generally  and  equally ;  the  right  to  charge 
any  officer  or  officers  with  or  for  any  crime,  crimi- 
nal offence  or  misdemeanor  in  office,  doth  not,  nor 
can  exclusively  exist  in  the  representatives  of  any 
one  part  of  the  people  of  this  province,  nor  can 
by  them  be  exercised  without  the  participation  of 
the  remainder. 

Resolved,  That  the  members  of  this  house  are  a 
component  part  of  the  people  of  this  province. 

Resolved,  That  the  members  of  this  house  being 
appointed  by  the  crown  for  life,  do  sit  and  vote  in 


•J  3^'! 


u 

s 

W 


75 


the  provincial  parliament  in  their  own  right,  and 
are  not  represented  in  the  assembly. 

Resolved^  That  the  assembly  of  this  province, 
inasmuch  as  the  members  of  this  house  are  a  com 
ponent  part  of  the  people  of  this  province,  and  are 
not  therein  represented,  are  the  representatives  of 
a  part  only  of  the  people  of  this  province. 

Resolved^  That  every  charge  or  impeachment  of 
the  assembly  alone,  is  a  charge  or  impeachment  of 
a  part  only  of  the  people  of  this  province. 

Resolved^  That  every  charge  r  ipeachment  by 
the  assembly  alone,  being  r  -Ird,;,!;  or  impearh- 
ment  by  a  part  only  of  the  p^vjoi  of  this  province, 
no  charge  or  impeachment  r  f  any  officer  or  officers 
of  his  majesty's  government  m  this  province,  with 
or  for  any  crime,  criminal  offence  or  misdemeanor 
in  office,  can  by  the  laws  and  constitution  of  this 
province  be  exhibited  by  the  assembly  alone,  noi 
without  the  participation  of  this  house. 

Resolved^  That  the  imperial  parliament  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  is 
the  true  and  perfect  representative  of  the  entire 
community  of  the  people  of  the  said  United  King- 
dom. 

Resolved^  That  the  right  to  charge  or  impeach 
any  officers  of  his  majesty's  government,  with  or 
for  any  crime,  criminal  offence,  or  misdemeanor  in 


m 


!Ut: 

I 


f! 


ii 


f 

m 


!M- 


j'''f  > 
■V.  '•• 


it  ■ 

1  ;    , '. 


-  ;'i 


i:   ■!, 


f,  .i . 


76 

office,  is  by  the  law  and  constitution  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  vested  in 
the  entire  community  of  the  people  of  the  said 
United  Kingdom,  but  is  exercised  on  their  be- 
half, and  in  their  right  by  the  house  of  commons 
alone,  to  the  exclusion  of  the  house  of  lords. 

Resolved,  That  the  right  of  hearing  and  deter- 
mining all  impeachments  exhibited  in  the  United 
Kingdom  of  Great  Britain  and  Ireland,  by  the  peo- 
ple of  the  said  United  Kingdom,  by  the  ministry 
of  the  house  of  commons,  is  by  the  law  and  con- 
stitution of  the  said  United  Kingdom  vested  in  the 
house  of  lords,  to  the  exclusion  of  the  house  of 
commons  and  of  every  other  tribunal. 

Resolved,  That  the  exclusive  right  of  hearing  and 
determining  all  impeachments  exhibited  in  the  Uni- 
ted Kingdom  of  Great  Britain  and  Ireland,  by  the 
people  of  the  said  United  Kingdom,  by  the  ministry 
of  the  house  of  commons,  being  vested  in  the  house 
of  lords,  the  house  of  lords  is  thereby,  and  thereby 
only,  excluded  from  all  participation  in  voting  or 
exhibiting  any  such  impeachments.  The  offices  of 
accuser  and  judge  being  totally  incompatible. 

Rbsolved,  That  the  right  of  hearing  and  deter- 
mining impeachments  exhibited  in  this  province 
by  the  people  of  this  province,  is  not  vested  in  the 
legi.-.itive  council  of  this  province,  and  that  the 


77 


legislative  council  is  not,  therefore,  excluded  from 
a  participation  in  voting  or  exhibiting  any  such 
impeachment. 

Resolved^  That  the  impeachrient  of  the  honour- 
able Jonathan  Sewell,  his  ruajesty's  chief  justice 
of  this  province,  by  the  assembly  alone,  is  an  ille- 
gal and  alarming  assumption  of  power  on  the  part 
of  the  assembly. 

Resolved^  That  the  impeachment  of  the  honoura- 
ble James  Monk,  chief  justice  of  his  majesty's  court 
of  king's  bench,  'for  the  district  of  Montreal,  by 
the  assembly  alone,  is  an  illegal  and  alarming  as- 
sumption of  power  on  the  part  of  the  assembly. 

Resolved^  That  the  said  impeachments  of  the 
honourable  Jonathan  Sewell,  and  of  the  honour- 
able James  Monk,  by  the  assembly  alone,  tend,  in 
their  immediate  consequences,  to  deprive  this 
house  of  its  lawful  rights  and  privileges;  to  give  to 
the  assembly  an  ascendency  and  control  over  thia 
house,  which  is  entirely  incompatible  with  the  due 
exercise  of  its  legislative  powers;  and  to  render 
the  judges  of  this  province,  and  all  other  officers 
of  the  crown,  in  this  province,  dependant  on  the  as- 
sembly, and  thereby  endanger,  not  only  the  right 
administration  of  justice  in  this  province,  but  the 
right  administration  of  his  majesty's  provincial  go- 
vernment in  general. 

Resolved,  That  this  house  doth  solemnly  protest 


it ' 

1  r 


M 


78 

against  the  said  impeachments  of  the  honourable 
Jonathan  Sewell,  and  the  honourable  James 
Monk,  by  the  assembly  alone,  and  against  all  pro- 
ceedings whatever,  which  have  been  and  shall  be 
had  on  the  said  impeachments,  or  on  either  of 
them. 


':tmt 


ml 


:i  '■■■   -''iri, 


(B.) 


The  ordei*  of  his  royal  highness  the  prince  re- 
gent in  council,  upon  the  complaints  of  the  house 
of  assembly  of  Lower  Canada,  against  the  chief 
justice  of  the  province,  the  chief  justice  of  the 
court  of  king's  bench  for  the  district  of  Montreal, 
the  executive  council  (judges  in  the  court  of  ap- 
peal) and  the  puisne  justices  of  the  courts  of  king's 
bench  for  the  district  of  Quebec,  and  Montreal,  in 
the  same  province,  respecting  the  rules  of  prac- 
tice established  in  those  courts,  with  other  docu- 
ments respecting  the  decision  of  his  royal  highness 
upon  the  remainder  of  the  complaints  by  the  said 
assembly.  ' 


No.  1. 


(For  this,  see  the  order  in  council  under  the  let- 
ler  C.  in  this  appendix. 


79 
No.  2. 

Downing-Street^  Juii/ 23,  IS\§. 
Sir, 

His  royal  highness  the  prince  regent,  having 
been  pleased  to  refer  to  the  consideration  of  a 
committee  of  the  most  honourable  privy  council, 
certain  articles  of  complaint  against  you  and  Mr. 
Monk,  so  far  as  related  to  the  rules  of  practice  es- 
tablished b;'  vou  in  the  courts  in  which  you  respec- 
tively preside,  it  now  becomes  my  duty  to  communi- 
cate to  you  the  result  of  that  inquiry,  which  naving 
received  the  entire  approbation  of  his  royal  high- 
ness, is  expressed  in  the  order  of  which  the  en- 
closed is  a  copy.     (No.  1.) 

The  officer  at  present  administering  the  govern- 
ment of  Canada,  has  received  his  royal  highness's 
commands  to  communicate  this  decision  to  the 
house  of  assembly ;  and  in  making  this  communi- 
cation, to  state  the  grounds  upon  which  his  royal 
highness  has  declined  considering,  as  articles  of 
complaint  against  you,  the  advice  which  you  are  at 
different  times  stated  to  have  given  to  the  prece- 
ding governors  of  the  province.  It  is  highly  satis- 
factory to  me  to  assure  you,  that  although  his  royal 
highness  felt  compelled  upon  general  principles 
to  exclude  those  particular  charges  from  coiiside- 
ration,  and  thus  to  preclude  you  from  entering 
upon  your  justification,  yet  his  royal  highness  en- 


•  -v 

1 


I  ■ 


1 


■4 


80 

tertains  no  doubt  as  to  the  general   propriety  of 
your  and  Mr.  Monk's  conduct,  or  as  to  your  being 
able  to  offer,  with  respect  to  them,  a  full  and  satis- 
factory explanation. 
1  am,  Sir, 

Your  most  obedient,  humble  servant, 
(Signed)     BATHURST. 
To  J.  Sewell,  Esq. 
Chief  Justice  of  Lower  Canada. 


No.  3. 


ii!!' 


Downing-Street,  July  2Tth,  1815. 
Sir, 

I  have  had  the  honour  of  receiving  your  letter 
of  the  24th  instant,  expressing  your  apprehension, 
that  as  the  instructions  transmitted  to  the  officer 
administering  the  government  of  Canada,  do  not  em- 
brace any  other  charges  brought  against  you  and 
Mr.  Monk,  than  those  which  relate  to  advice  given 
by  you  to  the  governor,  and  the  rules  of  practice  es- 
tablished in  your  respective  courts,  the  house  of 
assembly  may  be  induced  to  consider  you  as  not 
free  from  blame  on  the  other  points  of  charge,  not 
strictly  falling  within  that  description. 

As  the  letter  addressed  to  the  officer  adminis- 
tering the  government  of  Canada,  bears  testimony 
to  the  uniform  propriety  of  your's  and  Mr.  Monk's 


conduct,  I  do  not  conceive  that  there  can  be  any 
ground  for  the  house  of  assembly  to  doubt  that  your 
justification  is  complete :  but,  I  am  glad  to  have 
an  opportunity  of  stating  that  the  charges  not  spe- 
cifically adverted  to  in  my  letter,  appeared  to  be, 
with  one  exception,  of  too  little  importance  to  re- 
quire consideration,  and  that  (the  one  against  Mr* 
Monk,  which  charges  him  with  having  refused  a 
writ  o{  habeas  corpus)  was,  as  well  as  all  the  other 
charges,  which  are  not  founded  on  the  rules  of 
practice,  totally  unsupported  by  any  evidence 
whatever. 

i  have  the  honour  to  be.  Sir, 

Your  most  obedient  humble  servant, 
(Signed)     BATHURST. 
J.  Sewell,  Esq. 

Chief  Justice  of  Lower  Canada.    • 


'1! 

i\ 
1 


If! 


1 


No.  4. 

Council  Office^  Whitehall,  August  11  th,  1815. 
Sir, 

i^  greeablj  to  the  request,  signified  in  your  let- 
ter of  the  30th  ultimo,  I  have  the  honour  to  enclose 
you  a  copy  of  the  order  in  council,  dismissing  the 
complaints  of  the  house  of  assembly  of  Lower  Cana 
da,  so  far  as  they  relate  to  the  rules  of  practice,  &c. 

with  the  names  of  the  lords  present  in  council, 

11 


* 


t 


r.i'- 


m 


a2 

when  the  report  of  the  lords  of  the  committee  re- 
specting those  complaints  was  approved. 

The  report  of  the  lords  of  the  committee  is  entered 
at  length  in  the  copy  of  the  order ;  but  it  is  not  the 
practice  to  insert  the  names  of  the  lords  who  make 
the  report ;  yet,  as  it  is  important  that  it  should  be 
known  in  Canada,  by  what  high  legal  authority  the 
said  report  was  made,  I  have  it  in  command  from 
the  lord  president  to  communicate  their  names  to 
you,  and  they  are  as  follows : 
The  Lord  President, 
Earl  Bathurst, 
Lord  Ellenborough, 
Sir  William  Scott, 
Master  op  the  Rolls, 
Sir  John  Nictioll, 
Lord  Chief  Justice  Gibbs, 
Lord  Chief  Baron. 
I  have  the  honour  to  be,  Sir, 
Your  most  obedient  humble  servant, 
(Signed)     CHETURJUD. 
J.  Sewell,  Esq. 

Chief  Justice  of  Lower  Canada. 


83 


(C.) 


(Signed)         Gordon  Drummond, 

Administrator  in  Chief. 

The  administrator-in-chief  has  received  the 
commands  of  his  royal  highness  the  prince  regent, 
to  make  known  to  the  house  of  assembly  of  this 
province,  his  pleasure  on  the  subject  of  certain 
charges  preferred  by  that  house  against  the  chief 
justice  of  the  province,  and  the  chief  justice  of  the 
court  of  king's  bench  for  the  district  of  Montreal. 

With  respect  to  such  of  those  charges  as  relate 
to  acts  done  by  a  former  governor  of  the  province, 
which  the  assembly  assuming  to  be  improper  or 
illegal,  imputed  by  a  similar  assumption  to  advice 
given  by  the  chief  justice  to  that  governor,  his 
royal  highness  has  deemed  that  no  inquiry  could 
be  necessary;  inasmuch  as  none  could  be  insti- 
tuted without  the  admission  of  the  principle, 
that  the  governor  of  a  province  might,  at  his 
own  discretion,  divest  himself  of  all  responsibility 
on  points  of  political  government. 

With  a  view,  therefore,  to  the  general  interests 
of  the  province,  his  royal  highness  was  pleased  to 
refer  for  consideration  to  the  lords  of  the  privy 
council,  such  only  of  the  charges  brought  by  the 
assembly  as  related  to  the  rules  of  practice  estab- 


i 


M 


w 


lished  by  the  judges  in  their  respective  courts, 
those  being  points  upon  which  if  any  impropriety 
had  existed,  the  judges  themselves  were  solely  re- 
sponsible. 

By  the  annexed  copy  of  his  royal  highness's 
order  in  council,  dated  the  29th  June,  1815,  the 
administrator-in-chief  conveys  to  the  assembly  the 
result  of  this  investigation,  which  has  been  con- 
ducted with  all  that  attention  and  solemnity  which 
the  importance  of  the  subject  required. 

In  making  this  communication  to  the  assembly, 
it  now  becomes  the  duty  of  the  administrator-in- 
chief  in  obedience  to  the  commands  of  his  royal 
highness  the  prince  regent,  to  expi'ss  the  regret 
with  which  his  royal  highness  has  vie>ved  their  late 
proceedings  against  two  persons  who  have  so  long 
and  so  ably  filled  the  highest  judkk«l  offices  in  the 
colony,  a  circumstance  the  n  ;>.  e  to  hv.  deplored  as 
tending  to  disparage,  in  the  eyes  of  the  inconside- 
rate and  igno''  M  heir  character  and  services,  and 
thus  to  dimi  li^h  iiie  influence  to  which,  from  their 
situation  and  their  uniform  propriety  of  conduct, 
they  are  justly  entitled. 

The  above  communication  embracing  such  only 
of  the  charges  preferred  against  the  said  chief 
justices  as  relate  to  the  rules  of  practice,  and  as 
are  grounded  on  advice  assumed  to  have  been 
given  by  the  chief  justice  of  the  province  to  the 


f 


85 

late  Sir  James  Craig,  the  administrator-in-chief  lias 
been  further  commanded  to  signify  to  the  assembly, 
that  the  other  charges  appeared  to  his  majesty's 
government  to  be,  with  one  exception,  too  incon- 
siderable to  require  investigation,  and  that  that^ 
(namely  the  one  against  the  chief  justice  of  the 
court  of  king's  bench,  for  the  district  of  Montreal, 
which  states  him  to  have  refused  a  writ  of  habeas 
corpus,)  was,  in  common  with  all  the  charges  which 
do  not  relate  to  the  rules  of  practice,  totally  un- 
supported by  any  evidence  whatever. 

(Signed)  G.  D. 


[|.   !' 


v^t  the  Court  of  Carlton-House^  the 

2dfhJtme,  WA^, 
present: 
Hr.  Royal  Highness  the  Prince  Regent  in  Cou  .cil 
.  Whereas  there  was  this  day  read  at  the  bo'?vd. 
a  report  from  a  committee  of  the  lords  )f  his 
majesty's  most  honourable  privy  countil,  dated  die 
24th  of  this  instant,  in  the  wo     ,  following,  viz: 

"Your  royal  highness  l.aA.ig  been  pleased  by 
your  order  in  council  of  the  1 0th  December  last, 
in  the  name  and  on  the  behp^t  of  his  majesty,  to  refer 
unto  this  committee  a  letter  Irom  Earl  Bathurst,  one 
of  his  majesty's  principal  secretaries  of  state,  to  the 
lord  president  of  the  council,  transmitting  a  copy 


\'; 


86 


m 


1 


of  a  letter  from  Sir  George  Prevost,  dated  Quebec, 
the  18th  of  March,  1814,  forwarding  an  address  of 
the  house  of  assemoly  of  Lower  Canada,  to  your 
royal  highness,  with  certain  articles  of  complaint 
therein  referred  to,  against  Jonathan  Sewell,  Esq. 
his  majesty's  chief  justice  of  the  province  of  Lower 
Canada,  and  James  Monk,  Esq.  chief  justice  of  the 
court  of  king's  bench  for  the  district  of  Montreal, 
and  also  transmitting  a  memorial  from  the  execu- 
tive council,  judges  in  the  court  of  appeals,  and  of 
the  puisne  judges  of  the  court  (  f  king's  bench  for 
the  district  of  Quebec,  and  of  the  court  of  king's 
bench  for  the  district  of  Montreal,  in  the  said  pro- 
vince of  Lower  Canada,  praying  to  be  included  in 
the  examination  and  decision  of  the  said  articles 
of  complaint,  together  with  a  petition  from  the 
said  Jonathan  Sewell,  Esq.;  in  which  letter  the 
said  Earl  Bathurst  requests  that  so  much  of  the 
said  complaints  of  the  house  of  assembly,  as  relate 
to  the  rules  of  practice,  stated  to  have  been  intro- 
duced by  the  said  chief  justices  into  their  re- 
spective courts,  may  be  submitted  to  your  royal 
highness  in  council,  in  order  that,  if  such  rules  shall 
be  found  to  have  been  introduced,  it  may  be  de- 
cided whether  in  so  doing,  the  said  chief  justices 
have  exceeded  their  authority. 

The  lords  of  the  committee  in  obedience  to  your 
royal  highness's   said    order  of  reference,   have 


87 


taken  the  said  letter  and  its  enclosures  into  con- 
sideration, and  having  received  the  opinion  of  his 
majesty's  attorney  and  solicitor-general,  and  been 
attended  by  them  thereon,  and  having  maturely 
deliberated  upon  the  complaints  of  the  said  house 
of  assembly,  so  far  as  they  relate  to  the  said  rules 
of  practice,  their  lordships  do  agree  humbly  to  re- 
port as  their  opinion  to  your  royal  highness,  that 
the  rules  which  are  made  the  subject  of  such  com- 
plaint of  the  said  house  of  assembly  of  Lower 
Canada,  against  the  said  chief  justices  Jonathan 
Sewell,  Esq.  and  James  Monk,  Esq.  which  their 
lordships  observe  were  not  made  by  the  said  chief 
justices,  respectively  upon  their  own  sole  authority, 
but  by  them  in  conjunction  with  the  other  judges 
of  the  respective  courts,  are  all  rules  for  the  regu- 
lations of  the  practice  of  their  respective  courts, 
and  within  the  scope  of  that  power  and  jurisdic- 
tion with  which,  by  the  rules  of  law,  and  by  the 
colonial  ordinances  and  acts  of  legislation  these 
courts  are  invested,  and  consequently  that  neither 
the  said  chief  justices  nor  the  courts  in  which  they 
preside  have,  in  making  such  rules,  exceeded  their 
authority,  nor  have  been  guilty  of  any  assumption 
of  legislative  power." 

His  royal  highness  the  prince  regent  having 
taken  the  said  report  into  consideration,  was 
pleased  in  the  name  and  on  the  behalf  of  his  ma- 


i 


«8 

jestj,  and^by  and  with  the  advice  of  his  majesty's 
privy  council,  to  approve  thereof,  and  to  order,  as 
it  is  hereby  ordered,  that  the  said  complaints,  so 
far  as  they  relate  to  the  said  rules  of  practice,  be 
and  they  are  hereby  dismissed  this  board. 

(Signed)  J  AS.  BULLER. 

(Signed)  G.  D. 


Resolved,  As  the  opinion  of  this  committee,  that 
the  resistance  and  opposition  of  the  legislative 
council  of  which  the  said  Jonathan  Sewell  and 
James  Monk,  were,  and  are  members,  to  the  rights 
of  the  commons  of  Lower  Canada,  to  exhibit  the 
said  charges,  and  the  obstructions  subsequently 
interposed  to  the  prosecution  of  them,  prevented 
this  house  from  being  represented  by  an  agent  to 
maintain  and  support  the  said  charges. 

Resolved,  As  the  opinion  of  this  committee,  that 
this  house  has  always  been,  and  is  desirous  of  an 
opportunity  of  being  heard  on  the  said  charges, 
and  of  supporting  them  by  evidence,  and  hath 
reason  to  lament  that  no  such  opportunity  hath 
hitherto  been  offered  to  them. 

Resolved,  As  the  opinion  of  this  committee,  that 
an  humble  representation  and  petition,  on  the  be- 
half of  the  commons  of  this  province,  to  his  royal 
highness  the  prince  regent,  be  prepared,  appeal- 
ing to  the  justice  of  hie  majesty^s  government,  and 


praying  that  an  opportunity  may  be  afforded  to  his 
majesty's  dutiful  commons  of  this  province,  to  be 
heard  upon  and  maintain  the  said  charges. 


(E.) 


Legislative  Council^  Saturday^  \st  March,  liil7. 
Resolved,  That  an  humble  address  be  presented 
to  his  royal  highness  the  prince  regent,  humbly 
beseeching  his  royal  highness  not  to  inflict  any 
punishment  upon  the  honourable  Louis  Charles 
Foucher,  Esq.  one  of  the  puisne  justices  of  the 
court  of  king's  bench  for  the  district  of  Montreal, 
in  consequence  of  the  articles  of  complaint  ex- 
hibited against  him  by  the  assembly  of  this  pro- 
vince, until  such  articles  of  complaint  shall  have 
been  submitted  to  the  consideration  of  this  house, 
and  this  house  shall  have  concurred  therein,  and 
such  articles  of  complaint  after  such  submission 
and  concurrence  shall  have  been  heard  and  de- 
termined in  such  tribunal  as  his  roval  iiiofhness 
shall  be  pleased  to  appoint  for  that  purpose;  or, 
until  such  articles  of  complaint,  without  such  sub- 
mission and  concurrence,  shall  have  been  heard 
and  determined  in  due  course  of  justice  in  this 
house,  under  such  commission  as  liis  royal  high- 
ness shall  see  fit  to  issue  for  that  purpose,  with 

12 


90 


y  « 


»t 


such  powers  and  limitations  as  to  his  royal  highness 
shall  seem  meet. 

(F.) 

Castle  of  Si.  Louis,  Quebec,  19 th  February,  1817. 
Sir, 

The  chief  justice  of  the  court  of  king's 
bench,  for  the  district  of  Montreal,  having  address- 
ed to  me  a  letter  explanatory  .of  the  cause  of  his 
absence  from  Montreal,  in  March,  one  thousand 
eight  hundred  and  sixteen,  at  the  period  wh-en  the 
court  is  by  law  appointed  to  sit  ther~  for  the  trial 
of  criminal  causes,  for  which  absence,  a  charge 
has  been  brought  against  him  in  the  house  of  as- 
sembly, I  think  it  proper  to  transmit  you  a  copy 
of  this  communication,  and  of  the  enclosure  which 
accompanied  it,  in  order  that  in  any  further  pro- 
ceedings of  the  assembly  on  this  subject,  they  may 
be  informed  o**  the  circumstances  represented  by 
the  chief  justice. 

I  have  the  honour  to  be, 
Sir, 

Your  most  obedient 
Humble  servant, 
(Signed)         J.  C.  SHERBROOKE, 

Governor  in  Chief 
T.  L.  Papineau,  Esq.  Speaker 
of  the  House  of  Assembly. 


m^ 


n 


by 


(COPY.) 
Montreal,  February  lith,  1817. 
Sir, 

As  I  find  that  the  house  of  assembly  is  pro- 
ceeding under  a  committee,  upon  a  petition  pre- 
sented to  that  house,  by  Samuel  Sherwood,  one  of 
the  members  thereof,  made  early  in  tlie  session  of 
the  present  legislature,  wherein  he  has  stated, 
"  that  I  had  absented  myself  from  sitting  in  and 
^>olding  a  court  of  king's  bench  for  the  district  of 
Montreal,  on  the  first  ten  days  of  the  month  of 
March  last  past,  whereby  the  said  court  was  not 
held,  and  the  law  of  the  land  was  dispensed  with 
contrary  to  the  bill  of  rights,"  and  as  this  assertion 
may  improvidently  be  brought  forth  as  a  charge 
against  my  official  character  and  duties;  in  a  case 
where  the  prerogative  of  the  crown  has  been  le- 
gally exercised,  and  when  the  conduct  of  its  officers 
is  not  culpable,  I  am  impressed  with  the  duty  of 
presenting  to  your  excellency  my  conduct,  and  the 
exercise  of  the  prerogative  in  respect  to  my  duties 
upon  holding  the  said  court  in  the  month  of  March 
last.  Your  excellency  will  perceive  by  the  en- 
closed letter,  the  express  injunctions  of  his  excel- 
lency the  administrator-in-chief,  and  may  be  a  bet- 
ter judge  than  I  can  presume,  of  the  reasons  that 
occasioned  his  exercise  of  the  rights  of  the  sove- 
reign in  respect  to  my  duties;  and  your  excellency 
will  justly  appreciate  how  far  the  assembly  should 


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be  permitted  to  proceed  in  a  formal  charge,  which 
I  submit  could  not  take  place,  were  that  house 
officially  apprized  of  the  circumstances  attending 
the  conduct  that  had  superinduced  a  supposed 
culpability  in  a  servant  of  the  crown. 

I  have  the  honour  to  be, 
&c.  ^c. 
(Signed)  J.  MONK. 

His  Excellency  Sir  John  Coape 
Sherbrooke,  K.  C.  B.  &c.  &c.  &c. 


(COPY.) 

Castle  of  Saint  Lewis, 
Quebec,  I5th  February,  1816. 
Sir, 

With  reference  to  the  representation  you 
have  made  to  his  excellency  the  administrator-in- 
chief,  of  your  intention  of  proceeding  shortly  to 
Montreal,  to  attend  there  the  approaching  session 
of  the  king^s  bench,  for  the  trial  of  criminal  causes, 
I  am  commanded  by  his  excellency  to  acquaiiit 
you,  that  he  conceives  your  presence  here  indis- 
pensably necessary,  to  preside  as  speaker  in  the 
legislative  council. 

1  have  the  honour  to  be, 
&c.  &c.  &c. 
(Signed)        ROBERT  R.  LORING, 

Secretarif. 
The  Hon.  Chief  Justice  Monk. 


